
Book. 



- 



THE 



MAINE TOWNSMAN, 



LAWS FOR THE REGULATION OF TOWNS : 



FORMS AND JUDICIAL DECISIONS, 



ADAPTED TO THE 



REVISED STATUTES OF MAINE. 



BY JOHN P', LORD, 
ii 



FOURTH EDITION. 



REVISED AND ENLARGED BY 

BENJ. KINGSBURY, JR. 

PORTLAND: 

PUBLISHED BY SANBORN & CARTER. 

1855. 






Entered according to Act of Congress, in the year 1844, 

By John P. Lord, 

In the Clerk's Office of the District Court of Maine. 



5730^ 
0\x. 1 x 4o 



IB 



PREFACE TO THE FOURTH EDITION. 



The third edition of the Maine Townsman having been exhausted by 
the constant demand, we now have the pleasure of presenting to the pub- 
lic the fourth edition. It has been thoroughly revised, in accordance with 
the changes that have occured in the Statutes since the previous issue, and 
much new matter of importance added. Among the latter, we may refer 
to the chapters relative to insane persons, the education of youth, the illegal 
sale of intoxicating liquors, the rights of mechanics, and the rights of mar- 
ried women. <* 

On page 266, we have given a form of " complaint of three voters that a 
certain person keeps liquors with intent to sell " in violation of the act of 
1351, entitled " An Act for the suppression of drinking houses and tippling 
shops. " On account, however, of certain rulings by the late Judge of the 
District Court, since that form went to press, we have presented a new one 
which is deemed preferable, and which may be found in the Addendum, 
page 401. 

This compilation is designed as an aid to business men, and particularly 
to officers of towns in the discharge of municipal duties. It includes stat- 
utes, references to judicial decisions, and forms, which will be found con- 
venient and useful in the absence of professional assistance. These are 
presented as compendiously as practicable. 

The probate forms appended to the work were prepared by a member 
of the Cumberland bar, who is thoroughly versed in the routine of the 
business, and are designed to facilitate parties in the course of administra- 
tion and guardianship. They are arranged in the order in which they may 
be wanted for use, and a few brief notes of explanation or direction are 
appended, wherever they were deemed necessary. Applications to the 
courts of probate, as for letters of administration, power to sell real estate, 
assignment of dower, as well as all accounts of administration, returns of 
committees and commissioners, and other documents, are to be presented 
to the judges of probate before their orders or decrees are to be made upon 
them. These forms will enable the parties to prepare their own papers. 
Such only have been compiled as are commonly wanted in the transactions 



j v P K E F A C E . 

of probate courts, and by persons interested in the making of wills, the 
settlement of estates, and the custody of the persons and property of mi- 
nors and others incompetent to manage their own affairs. The papers which 
it is the duty of the courts to furnish are omitted. 

The Miscellaneous Forms are inserted for the convenience of the 
business public, and will be found, in that respect, valuable additions to the 
work. 

The chapters and sections of the Revised Statutes are referred to, thus : 
"R. S., c, §. The reports of judicial decisions are referred to by the volume 
tm&page. The Acts of the legislature, published since the revision of the 
code, are referred to by the word Act. The Constitution of the State is re- 
ferred to by the abbreviation Const. The abbreviation ib. refers to the next 
preceding authority. 

PUBLISHERS. 



CONTENTS. 



TITLE I. 



TOWNS AND TOWN MEETINGS. 

Chap. I. Towns and town meetings, 

Chap. II. Town boundaries and perambulations, 

('hap. III. Town meetings, 

Chap. IV. Annual Meetings, 

Chap. V. Moderator, 

Chip. VI. Oaths of town officers, 



Page. 
9 
12 
15 
19 
21 
23 



TITLE It. 



ELECTIONS. 



Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 



VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 



Chap. XVII. 
Chap. XVIII. 
Chap. XIX. 
Chap. XX. 
Chap. XXI. 

Chap. XXII. 



Eights and qualification of voters, 
Lists of voters, 
Notifying meetings, 
Proceedings at elections, 
Election of Governor, 
Election of Senators, 
Election of representatives, 



2d 
28 
31 
33 
37 
37 
40 



Election of representatives in classed districts, 43 

Apportionment of representatives, 47 
Election of representatives to congress, and 

congressional districts, 51 

Election of county officers, o4 

Elections in cities, 5 7 

Elections in plantations, o9 

Returns of votes, 6 1 
Election of electors of president and vice 

president, 63 

General provisions, 66 



VI 



CONTEXTS. 



TITLE III. 



Chap. XXIII. 



Chap. XXIV, 



Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 



XXV. 

XXVI. 

XXVII. 

XXVIII. 

XXIX. 

XXX. 

XXXI. 

XXXII. 



Chap. XXXIII. 
Chap. XXXIV. 
Chap. XXXV. 
Chap. XXXVI. 
Chap. XXXVII. 



Persons and property liable to, and exempted 

from taxation, 69 

Where and to whom persons and property 

shall be taxed, 74 

Valuation and invoice, 77 

Taxes in unincorporated places, 80 

Appraisal of taxable property and tax table, 83 
Assessors of town taxes, 85 

Assessment of taxes in plantations, 9 1 

Supplementary assessments and abatements, 92 
Collector of taxes, 94 

Distress and commitment for non-payment of 

taxes, 99 

Unpaid taxes on real estate, 103 

Act regulating collection of taxes passed 1844, 107 
Executions and warrants of distress, 108 

Town treasurer, when collector of taxes, 113 

General provisions, 1 1G 



TITLE IV. 



HIGHWAYS AND BRIDGES. 



Chap. XXXVIII. 


Town ways and private ways, 118 


Chap. XXXIX. 


Power of county commissioners relating to 




town ways, 123 


Chap. XL. 


Liability of towns to repair highways, 127 


Chap. XLI. 


Obstructions in highways, 130 


Chap. XLII. 


Surveyors of highways, 132 


Chap. XLIII. 


Road commissioners, 140 


Chap. XLIV. 


Guide posts, 142 


Chap. XLV. 


Law of the road, 144 


Chap. XLVI. 


Railroads and steamboats, 146 


Chap. XL VII. 


Turnpikes, 148 


Chap. XLVIII. 


Perries, 149 


Chap. XLIX. 


Aqueducts, 150 


Chap. L. 


Drains and common sewers, 152 


Chap. LI. 


Acts respecting drains, passed in 1844 and in 




1850, t 154 



TITLE V. 

SCHOOLS, PARISHES, MEETING HOUSES, SCHOOL LANDS AND FUNDS. 

Chap. LII. Duties of towns relative to school Districts, 158 

Chap. LIII. Powers and obligations of school Districts, 162 



CONTENTS. 



Vll 



Chap. LI V. Assessment and collection of monies raised by 

school districts, 168 

Chap. IiV. School districts formed from two towns, 171 

Chap. LYI. Superintending school committees, 173 

Chap. LYII. Powers and duties of school agents, 176 

Chap. LYIII. Duties and qualifications of instructors, 177 

Chap. LIX. Relating to schools in certain plantations, 178 

Chap. LX. General provisions relating to education, 180 

CHAr. LXI. Parishes, 183 

Chap. LXII. Meeting houses, 187 

Chap. LXIII. Ministerial and school lands and funds, 188 





TITLE VI. 






PAUPERS. 




Chap. LXIY. 


Settlement of paupers, 


190 


Chap. LXY. 


Duty of towns relative to the poor, 


195 


Chap. LXYI. 


Overseers of the poor, 


198 


Chap. LXYII. 


Minors and apprentices, 


204 


Chap. LXYIII. 


Duty of kindred to poor relatives* 


209 


Chap. LXIX. 


Removal of paupers, 


211 


Chap. LXX. 


Bastards, 


219 


Chap. LXXI. 


Insane persons, 


223 


Chap. LXXII. 


Houses of correction, 


229 


Chap. LXXIII. 


"VYork houses, 


230 



TITLE VII. 



Chap. 

Chap. 

Chap. 

Chap. 

Chap. 

Chap. 

Chap. 

Chap. 

Ch 

Ch. 

Chap-. 

Chap. 

Chap. 

Chap. 

Chap. 

Chap. 



THE HEALTH, SAFETY AND GOOD ORDER OF TOWNS. 

LXXIV. Contagious sickness, 232 

LXXY. Health committee, 235 

LXXYI. Quarantine regulations, 236 

LXXYH. Hospitals, 238 

LXXYHI. Engines and Engine men, 239 

LXXIX. Firewards and Fires, 242 

LXXX. Watch and ward. Disorder in streets, 246 

LXXXI. Innholders and retailers, 250 

XXII. Lord's day, 251 

XXXIII. Gunpowder, 253 

LXXXIY. Shows and exhibitions, 254 

LXXXY. Gaming, 255 

LXXXVI. Dogs, moose, deer, &c, 256 

LXXXYH. Disinterment of dead bodies, 258 

LXXXYin. Unwholesome provisions, 259 

LXXXIX. Intoxicating liquors, 260 



viii 


C N T E N T S . 

TITLE VIII. 




REGULATIONS CONCERNING PROPERTY, AND LABOR. 




Chap. XC. 


Pounds and impounding beasts. 


270 


Chap. XCI. 


Fences. Fence viewers. Common fields, 


279 


Chap. XCII. 


Lost goods, 


285 


Chap. XCIII. 


Burying grounds, 


286 


CHAr. XCIV. 


Auctioneers, 


288 


Chap. XCV. 


Libraries, 


289 


Chap. XCVL 


Hawkers and pedlers, 


290 


Chap. XCVII. 


Property exempt from attachment, &c, 


292 


Chap. XCVIII. 


Culture of silk, 


295 


Chap. XCIX. 


Rights of married women, 


295 


Chap. C. 


Rights of mechanics, 


297 


Chap. CI. 


Children in factories. 


299 



TITLE IX. 



DUTIES REQUIRED OP TOWN OFFICERS. 



Chap. CIL 


Jurors, 


301 


Chap. CIII. 


Constables, 


306 


Chap. CIV. 


Special duties of town clerks, 


309 


Chap. CV. 


Births, deaths, Marriages, 


311 


Chap. CVL 


Inspectors of leather, 


314 


Chap. CVII. 


Inspectors of fish, 


315 


Chap. CVIII. 


Surveyors of lumber, &c, 


315 


Chap. CIX. 


Measurers of wood, &c, 


317 


Chap. CX. 


Sealers of weights and measures, 


318 


Chap. CXI. 


Fisheries, 


320 


Chap. CXII. 


Weighers of beef, 


322 



Table of probate forms, 
Miscellaneous forms, 



323 
363 



TITLE L 



TOWNS AND TOWN MEETINGS. 

Chapter 1. Towns. 

Chapter 2. Town boundaries and perambulations* 

Chapter 3. Town meetings. 

Chapter 4. Annual meetings. 

Chapter o. Moderator. 

Chapter 6. Oaths of town officers. 



CHAPTER I. 



TOWNS, 



9. 
10. 

11. 
12. 
13. 



What is a town. 

The word " town," how construed. 

Towns are corporations. 

Liability of towns for their asses- 
sors. 

Towns may raise money. 

What are " necessary charges. " 

Towns 6hall not exceed their pow- 
ers, 

Towns may make By-laws. 

Inhabitants may be witnesses. 

Service of summons against towns ; 
service of writs against towns* 

Warrants of distress against towns. 

Towns liable for assessments. 

Classification of representatives. 



14. Towns not liable as trustees* 

15. Towns may release a debt. 

16. Limitation of representatives. 

17. Divisions of towns; 

18. Legislatures may make new towns. 

19. Proceedings of towns to be constru- 

ed liberally; 

20. Illegal assessments. 

21. When towns may hire money. 

22. A new town may not accept the act 

of incorporation. 

23. Agents of towns. 

24. Towns derive their power from the 

Legislature. 

25. Selectmen may employ counsel. 



1. A town is an organized portion of the inhabitants of 
the State within defined limits of territory, within the same 
county. 

2. ' The word "town" may be construed to include all 
cities and organized plantations, unless such construction 
would be repugnant to the provision of any act. R. S. c. 1 , § 3. 

2 



iO 



MAINE TOWNSMAN, 



3. The inhabitants of every town are declared to be a 
body corporate and politic, and, as such, may sue" or be sued, 
and appoint agents or attorneys. lb. c. 5, § 23. 

4. The assessors of towns, plantations, parishes, and relig- 
ious societies, shall not be made responsible for the assessment 
of any tax, which they are by law required to assess ; but the 
liability shall rest solely with said corporations ; and the as- 
sessors shall be responsible only for their own personal faith- 
fulness and integrity. lb. c. 14, § 56. The same provisions 
are also applicable to the assessors of a town, who may be 
required to assess a tax upon any school district. — Act of 
Amendment, 1841. 

5. The qualified voters of any town, at any legal town 
meeting, may grant and vote such sums, as may be necessary 
for the maintenance and the support of schools and the poor ; 
and for making and repairing high-ways, town-ways and 
bridges, purchasing and fencing burying-grounds, and other 
necessary charges arising in the same. E. S. c. 5, § 22. 

6. The " necessary charges " arising within any town, in- 
clude expenses in conducting its municipal business ; as the 
payment of town-officers ; the support or defence of actions 
in which towns are parties ; the erection and maintenance of 
guide-boards, the erection of town-houses, market-houses and 
work-houses; the maintenance of watch and ward ; equipment 
of poor soldiers, and the discharge of duties imposed on towns 
by the militia law ; the purchase of standard weights and 
measures ; the maintenance of pounds and public clocks ; 
the indemnification of owners of buildings destroyed to stop 
fire ; and all expenditures required by law. When the laws 
impose upon towns any duty, the means required for the dis- 
charge of that duty would be a "necessary charge," 

7. The act of any town transcending its corporate powers 
is illegal ; as a vote to repair a meeting-house, or build a jail. 

8. Towns may make orders and by-laws for managing 
their prudential concerns, and annex penalties not exceeding 
five dollars for any one offense, provided they are approved 
by the county commissioners, and that the costs of prosecu- 
tion for any breach thereof against any town shall be paid 
by such town. lb. c. 5, § 22. 

9. In all suits at law, wherein any town may be a party, 
any inhabitant may be a competent witness, provided he has 
no other interest than as such inhabitant. lb. c. 115, § 75. 



TOWNS, U 

10. In suits against any town, the summons shall be served 
by leaving a copy thereof with the clerk, or one of the select- 
men or assessors. lb. c. 114, § 42. And the writ shall be 
served thirty days before the sitting of the court to which it 
is returnable. lb. c. 114, § 44. 

11. All executions or warrants of distress against any town 
shall be issued against the goods and chattels of the inhabi- 
tants thereof, and against the real estate therein situated, 
whether the same is owned by such town or not. lb. 117, § 
42. The owner of estate, so sold, shall recover against such 
town the full value of the property so taken and sold, with 
interest, at the rate of twelve per cent., with costs. lb. 1 17, § 
45. And any inhabitant or proprietor of lands may pay his 
proportion of such order or judgment, to be ascertained by an 
assessment thereof by the assessors of such town. lb. § 46. 
Such payment shall discharge his liability thereon. lb. § 47. 

12. Towns and plantations shall be responsible for the as- 
sessment of any tax, which the assessors are, by law, required 
to assess. lb. c 14, § 56. 

13. When any town or plantation, not entitled to elect a rep- 
resentative, shall determine against a classification, the legisla- 
ture may, at each apportionment of representatives, on the ap- 
plication of such town or plantation, authorize it to elect a rep* 
resentative,for such portion of time, and at such periods,as shall 
be equal to its portion of representation. Const, art. 4, § 3. 

14. A town is not liable to be summoned as a trustee. R. 
S. c. 119, § 8. 

15. Towns may release a debt, as well as contract one, 
by a vote of majority. 8 Green. R. 334. But they have 
no right to give away money collected of the inhabitants by 
taxation. 14 Maine, 375. 

16. Xo town shall be entitled to more than seven repre- 
sentatives in the State legislature. Const, art. 4, § 3. 

17. Upon the division of any town, the old corporation 
shall retain all the property, rights and privileges, and re- 
main subject to all its obligations and duties, unless the act 
for the same makes some new provision. 4 Mass. R. 352. 

18. The legislature alone has a right to divide the territo- 
ry of towns, and to make new towns. 

19. A liberal construction should be made to support the 
proceedings of towns, when no one is injured thereby. 17 
Maine R. 444. 

20. Towns derive all their power to raise money for taxa- 



12 



MAINE TOWNSMAN 



tion by the statute, and a vote to raise money, not authorized 
by the statute, is illegal. 14 Maine R. 375. 

21. The inhabitants of a town, against whom a warrant 
of distress has issued, may vote to raise money, either by 
loan or assessment, to satisfy the same. 20 Maine R. 178. 

22. It is not necessary that a newly incorporated town 
should accept the act of incorporation. The rule applies 
only to private corporations. 21 Maine R. 58. 

23. Towns cannot authorize their agents to do what they 
have no right to do. 2 Kent's Com. 292. 

24. Towns derive all their powers, as well as existence, 
from the legislature. 5 Johns, R. 358. 

25. Selectmen may employ counsel in behalf of the town, 
14 Maine R. 20, 



CHAPTER II. 

TOWN BOUNDARIES AND PERAMBULATIONS, 



1. Town bounds preserved. 

2. Perambulations. 

3. Stone monuments erected. 

4. Form of notice for perambulation. 

5. Return of perambulation. 

6. Supreme J. Court may settle lines. 



7 Form of petition to Sup. J. Court. 

8. Duty of Selectmen in new towns, 

" upon division of towns. 

9. Alteration of lines. 

10. Record of Perambulation. 

11. Right of selection. 



1. The bounds of all townships shall remain as heretofore 
established, and the lines between towns shall be run once in 
every five years, except as in the following two sections. R. 
S. c. 5, § 24. 

2. The selectmen of the most ancient town shall give ten 
days' notice, in writing, to the select men of the adjoining 
towns, of the time and place of meeting for perambulation ; 
and the select men who shall neglect their duty in notifying 
or attending in person, or by substitutes, shall forfeit and pay 
ten dollars, two-thirds for the use of the town which shall 
comply with their duty, and the other third to any one or 
more of the selectmen of the town complying, to be recov- 
ered within two years after the forfeiture is incurred ; and the 
proceedings of such selectmen, after every such renewal of 
boundaries, shall be recorded in their respective town books. 
lb. c. 5, §25. 

3. All towns, whieh since the 22d day of March, 1828, 



BOUNDARIES AND PERAMBULATIONS. J3 

have perambulated, or shall hereafter perambulate their sev- 
eral lines, and have established, or shall establish and set up 
stone-monuments, at least two feet high, and at all the cor- 
ners and the several angles, and where the line, shall cross 
high-ways, or on, or near the banks of all rivers, bays, lakes, 
or ponds, which said lines may cross, or which are the boun- 
daries of said lines, shall be exempted from the duty of per- 
ambulating said lines, except once in every ten years, com- 
mencing in ten years from the time the stone monument has 
been erected. lb. c. 5, § 26. 

4. The form of notice for perambulation is as follows : 

The selectmen of the town of , to the selectmen of 

the town of . 

Gentlemen: — The subscribers, selectmen of , be- 
ing selectmen of the most ancient of said towns, hereby give 

you notice to meet at , on the day of , at 

o'clock in the forenoon, for the purpose of perambulat- 
ing and running the lines between said towns, and renewing 
the marks and bounds, according to the revised statutes of 
this State. 

Dated at , this day of , A. D. 18—. 

A. B. \ 

C. D. > Selectmen of -. 

E.F.J 

5. The return of perambulation is as follows : 

Agreeably to notice given to the town of , by the 

town of , to meet at , on the day of , A. 

D. 18 — , for the purpose of perambulating and running the 
lines between the said towns, and renewing the marks and 
bounds ; we, the subscribers, select men of said towns, have 
met at the time and place, and for the purposes aforesaid, 
and do make the following return of our doings. (Here in- 
sert the return of doings.) 

In witness whereof, we have hereunto, mutually, set our 
hands, this — — day of «r, A. D. 18—. 



A. B. ) 
C. D. } 
E. F.j 

G. H.i 
H. I. } 
O. B. j 



Selectmen of ■ 
Selectmen of 



14 MAINE TOWNSMAN. 

6. When a town shall petition the supreme judicial court, 
stating that a controversy exists between such town and an 
adjoining one, and praying, that the same may be run by 
commissioners, to be appointed by such court, the court may, 
after due notice being given to all parties concerned, appoint 
three commissioners, who shall, after giving notice to all per- 
sons interested of the time and place of meeting, ascertain 
and determine the line, or lines in dispute, and describe the 
same by courses and distances, and make, set, and mention 
in their return, suitable monuments and marks for the per- 
manent establishment of such lines, and make duplicate re- 
turns of their proceedings, one of which shall be returned to 
the court, and the other to the office of the secretary of State ; 
and such line or lines, so established and accepted, shall be 
deemed in every court of law, and for every purpose, the 
true dividing line or lines between such towns. lb. c. 5, § 27. 

7. The form of a petition to the supreme judicial court, 
for the appointment of commissioners is as follows : 

To the honorable justices of the supreme judicial court, 

to be holden at , in and for the county of , on the 

day of , A. D. 18—. 

Respectfully represent, 

The subscribers, selectmen of the town of , in said 

county, that, on the day of last past, pursuant to a no- 
tice previously given, they met the selectmen of the town of 

,in said county, for the purpose of perambulating the 

lines between said towns, and renewing the marks and bounds 
thereon, but that a controversy exists between said parties, 
in renewing and establishing the lines and bounds of said 
towns ; wherefore, your petitioners pray your honors, that 
the same may be run by commissioners to be appointed by 
your honors, and that your honors will appoint commission- 
ers to run said lines, and to ascertain and determine the line 
or lines in dispute, and describe the same by courses and dis- 
tances, and mention, in their return, suitable monuments or 
marks for the permanent establishment of such lines. 

A. B. \ 

C. D. > Selectmen of . 

E. F. j 

8. It shall be the duty of the selectmen to perambulate 



TOWN MEETINGS. 



15 



and mark the town-lines of towns incorporated since the year 
1841. Also where there has been a division of any town 
since that time. Act, 1843. 

9. As the power of altering the lines of towns rests wholly 
with the legislature, the selectmen can only decide where 
the true town line is. 

10. The return of perambulation should be recorded in the 
records of each town ; and the town clerk should certify at 
the bottom, as follows : " a true record of the original. 

Attest, A. B., Town Clerk" 

11. Where one had erected a dwelling-house on land, and 
lived thereon for a long time, but less than twenty years, claim- 
ing it as his own, and of which he was the apparent owner, 
which adjoined land on the line of the town, of which he was 
the undisputed owner ; he is to be so far considered the owner 
as to have the right to make the election, to which of the 
towns the land should belong. 18 Maine, 113. 



CHAPTER III. 



TOWN MEETINGS. 



1. Town meetings called by selectmen. 

2. First town meeting, how called. 

3. Ten or more voters may request an 

article inserted in the warrant. 

4. Warrant, what it shall contain. 

5. Warrant, to whom directed. 

6. Town meeting, how notified. 

7. Return of the warrant. 

8. Meetings to choose State officers. 

9. Qualification of voters. 

10. Adjournment of town meetings. 



11. Town meetings, how proved. 

12. Illegal voting. 

• 13. Town meetings illegally called. 

14. Town meetings, how regulated. 

15. Form of an application to a justice 

to call a meeting. 

16. Form of a warrant of a justice. 

17. Same subject. 

18. Form of constable's return. 

19. Constable may amend his return. 

20. May certify on copy, if original lost, 



1. Every town meeting, except as in the following two 
sections, shall be called by a warrant signed by the select- 
men of such town. R. S. c. 5, § 1. The selectmen may 
call a town-meeting, whenever they think proper, without an 
application. 

2. The first town-meeting held in any town shall be called 
and notified in the manner prescribed in the act incorporat- 



IQ MAINE TOWNSMAN. 

ing such town ; or, if no mode is therein prescribed, by any 
justice of the peace in the county ; or, when a town is desti- 
tute of officers, a meeting may be called on application to 
him for his warrant for the purpose, made in writing, by an}' 
three of the inhabitants thereof; but when, by reason of 
death, removal, or resignation of selectmen a major part shall 
not continue in office, a major part of those remaining in 
office shall have the same power to call a town-meeting as 
a majority of those chosen. lb. c. 5, § 2. 

3. In case the selectmen shall unreasonably refuse to call 
a town-meeting, any ten or more legal voters in said town 
may apply to a justice of the peace in the same county, who 
is hereby authorized to issue his warrant, under his hand, for 
calling such meeting. And when ten or more of the quali- 
fied voters in town shall request in writing, that the select- 
men should insert a particular matter or thing in a warrant 
for calling a town-meeting, they shall insert the same in the 
next warrant they shall issue for a meeting, or call a meet- 
ing for the express purpose of the consideration thereof. lb. 
c. 5, § 3. 

4. In either case, the warrant shall specify the time and 
place at which the meeting is to be held ; and, in distinct ar- 
ticles, shall state the business to be acted upon at such meet- 
ing ; and no other business, matter, or thing, shall be there 
acted upon so as to have any binding effect or legal opera- 
tion, lb. c. 5, § 4. 

5. The warrant may be directed to any constable of the 
town, or any individual by name, directing him to warn and 
notify all persons, qualified by law to vote at such meeting, 
to assemble at the time and place appointed. lb. c. 5, § 5. 

6. Such meeting shall be notified by the person to whom the 
warrant is directed by his posting up an attested copy of such 
warrant in some public and conspicuous place in said town 
seven days before the meeting, unless the town has appointed, 
or shall appoint, by vote, in legal meeting, a different mode, 
which any town is empowered to do. lb, c. 5, § 6. 

7. In either case, the person who notifies the meeting 
shall make his return on the warrant, stating the manner of 
notice and the time it was given. lb. c. 5, § 7. 

8. Town-meetings for the choice of governor, senators, 
and representatives, shall be on the second Monday of Sep- 
tember annually. Const, art. 2, § 4. 



TOWN MEETINGS. J 7 

9. Every person who is qualified by the constitution to 
vote for governor, senators, and representatives, in the town 
or plantation in which he resides, shall be entitled to vote in 
the election of town or plantation officers. R. S. c. 5, § 8. 

10. Any town-meeting, after it is organized may be ad- 
journed from time to time, and to such place, within the same 
town, or may be dissolved, as a majority of voters shall de- 
termine. 13 Fairfield R. 466. 

11. A town-meeting can only be proved by the records, 
unless they be lost or destroyed. 

12. If any person should vote, not legally authorized, 
without being challenged, it would not vitiate the proceed- 
ings. 

13. A town-meeting called under color of authority will 
be legal, unless exceptions are taken at the meeting. 

14. The proceedings at town-meetings are regulated by 
the moderator, and by the selectmen when acting as such, 
who shall decide all questions of order. 

15. The form of an application to a justice, when the se- 
lectmen unreasonably refuse to insert an article in their war- 
rant, is as follows : 

To A. B., Esquire, one of the justices of the peace for the 
county of . 

The subscribers, being ten or more legal voters in the town 

of , in said county, respectfully show, that on the « 

day of last past, we made a request in writing, to the 

selectmen of , to insert an article in their warrant for 

calling a town-meeting, a copy of which is as follows, (here 
insert a copy of the article,) yet the selectmen have unreas- 
onably refused to comply with said request ; wherefore, we 
request you to issue a warrant to call a meeting of the in- 
habitants of said town to act upon the article contained in 
said request. A. B., C. D., and nine others. 

16. The form of a warrant upon said application. 

To W. S., a constable of the town of , in the county 

of •, greeting : 

Whereas, application has been made to me, one of the jus- 
tices of the peace for said county, by ten or more legal 
voters in said town, to call a meeting of the inhabitants of 
said town, to act upon the article, hereinafter mentioned ; 



lg MAINE TOWNSMAN. 

and whereas it has been made to appear to me, that the se- 
lectmen of said town, upon request in writing -duly made to 
them for that purpose, have unreasonably refused to insert an 
article in their warrant for a town meeting, issued next after 
said request to them ; 

In the name of the State of Maine, you are hereby required 
to notify and warn all persons qualified by law to vote at such 

meeting, to assemble at in said town, on the day 

of next, at o'clock in the -noon, to act upon 

the following subjects : 

First, to choose a moderator to govern said meeting : 
Second, to see if the town will (here insert the article.) 
Fail not to make due service of this warrant, and to return 
your doings thereon, at the time and place of meeting. 

Given under my hand, this day of A. D. 18 — . 

A. B. Justice of the Peace. 

17. If the selectmen have neglected to call a meeting, 
omit the words, " have unreasonably neglected to insert an 
article in their warrant for a town meeting, issued next after 
said request to them," and insert instead, " have unreason- 
ably neglected to call a meeting to act upon said article." 

18. The form of the constable's return on the back of any 
warrant : 

, =■ — , A. D. 18 — . Pursuant to the within war- 
rant to me directed, I have notified and warned the inhabi- 
tants of said town, qualified as therein expressed, to assem- 
ble at said time and place, and for the purposes therein 
named, by posting up an attested copy of said warrant, at 

in said town, being a public and conspicuous place in 

said town on the ; day of , being seven days before 

the meeting. 

W. S., Constable of 

19. A constable still in office may amend his return on a 
warrant for calling a town meeting, by stating the time and 
manner of calling it. 17 Maine R. 444. So in any action 
where the proceedings of any town meeting heretofore held, 
may be in dispute, if the officer warning such meeting had 



ANNUAL MEETINGS. 



19 



given legal notice, but omitted to make a full return thereof, 
the court must allow him to amend such return accordingly. 
Act. 1848. 

20. When in such case the original warrant shall have been 
lost or destroyed, the officer may be allowed to make a cer- 
tificate of his doings on a copy. lb. 



CHAPTER IV. 



ANNUAL MEETINGS. 



1. Alphabetical list of voters. 

2. Sessions of select men to correct the 

list. 

3. Form of warrant for calling annual 

meetings. 

4. Return of constable. 

5. Annual meetings in March or April. 

6. Towns officers chosen by ballot. 



7. Clerk to preside during the election 

of moderator. 

8. Town Clerk shall be sworn, when 

and by whom. 

9. Vacancies filled at any meeting. 

10. Office o f collector fhould not be set 

up at auction. 

11. Election of certain officers void. 



1. The selectmen of every towu shall make out a correct 
and alphabetical list of the inhabitants in their respective 
towns, qualified to vote in the choice of town officers, and 
deposit such list in the office of the town clerk, and put up a 
copy threof in one or more public places in such town on or 
before the 20th day of February, annually. R. S. c. 6, 

2. Said selectmen shall be in session at some convenient 
time and place, to be by them notified in the warrant for call- 
ing the meeting in such town, on the day next preceding the 
day of annual election of town officers, in the month of March 
or April, annually, unless the same happen on the Lord's 
day ; in which case, the selectmen shall be in session on the 
Saturday preceding, or the morning of the day of election, 
and for so long a time as they may judge necessary, to re- 
ceive evidence of the qualifications of persons claiming to 
have their names entered on said list. lb. § 12. 

3. The form of a warrant for calling the annual meeting : 

To W. S., a constable of the town of , in the county 

of , greeting : 



20 MAINE TOWNSMAN 

In the name of the State of Maine, you are hereby re- 
quired to notify and warn the inhabitants of the said town of 

, qualified by law to vote in town affairs, to assemble at 

in said town, oil the day of at o'clock 

in the noon> to act on the following articles to wit : 

First, to choose a moderator to preside in said meeting. 

Second, to choose all necessary town officers for the year 
ensuing. 

Third, to see if the town will grant and raise such sums 
of money as may be necessary for the maintenance and 
support of schools, and the poor, and repair of roads and 
bridges, and to defray all other town charges for the ensuing 
year. * 

The selectmen give notice, that they shall be in session 
for the purpose of revising and correcting the list of voters 

at at o'clock in the noon, on the day of said 

meeting. 

Given under our hands, at , this day of A. 

D. 18—. A, B. 



C. D. > Selectmen of 
E. F.) 

4. The form of the constable's return. See ch. 3. § 18* 

5. The annual town meeting shall be held in the month 
of March or April, and the qualified voters in each town 
shall then choose, by a major vote, a clerk, three, five or 
seven persons, inhabitants of the town, to be selectmen, and 
overseers of the poor, when other persons shall not be chosen 
to that office, three or more assessors, two or more fence 
viewers, treasurer, surveyors of high ways, surveyors of lum- 
ber, tythingmen, sealers of leather, measurers of wood and 
bark, constables and collectors of taxes, and other usual town 
officers who shall be sworn. B,. S. c. 5, § 9. 

6. The election of moderator, town clerk, selectmen, as- 
sessors, treasurer, school committee and town agent shall be 
by ballot, and all other town officers may be by ballot or 
other method agreed on by a vote of the town. lb. § 10. 

7. During the election of moderator, the clerk shall pre- 
side ; but whenever he shall be absent from any such meet- 
ing, either of the selectmen, or of the assessors ; and if 
neither of those be present, any constable may lawfully do 



MODERATOR. 



21 



all the duties of clerk, in receiving and counting the Votes 
for moderator ; and the moderator when chosen, may call 
on the voters to bring in their ballots, for a clerk pro tempore, 
who shall be sworn by the moderator, or a justice of the 
peace. lb. § 11. 

8. The town clerk, before entering upon the duties of his 
office, shall be sworn before the moderator or a justice of 
the peace, truly to record all votes passed in such, and other 
town meetings, during the ensuing year, and until another 
clerk shall be chosen and sworn in his stead ; and also faith- 
fully discharge all the other duties of said office. lb. § 12. 
It is competent for one chosen town clerk to make a record 
of his own election and qualification. 13 Pick. R. 305. 

9. Whenever, by reason of non-acceptance, death, or re- 
moval of any person chosen into any town office, at any 
annual meeting, or at any other time, or by reason of insan- 
ity, or other incompetency, there may be a vacancy or want 
of officers, the town may proceed to a new choice of offi- 
cers ; and they shall be duly sworn. R. S. c. 5, § 16. 

10. It is an incorrect practice to set up the office of col- 
lector of taxes at auction. The town should first choose the 
collector, and then vote his compensation. 

11. Where a statute requires that certain tonw officers be 
freeholders, the choice of a person, who is not a freeholder, 
is merely void. 29 Maine, 531. 



CHAPTER V. 



MODERATOR. 



1. Choice and duties of a moderator. 

2. Polling the voters. 

3. Powers of moderators. 

4. Disorder in town meetings. 



5. Disorderly behavior punished. 

6. Selectmen are moderators, when. 

7. Conversation by moderator, not evi- 

dence. 



1. At every town meeting a moderator shall be first cho- 
sen and sworn to the faithful discharge of the duties of his 
office, by a justice of the peace, or by the person presiding 
at the meeting, when he is chosen. Said moderator shall 
3 



22 Maine townsman. 

regulate the business of the meeting ; and when a vote de 
clared by him shall, immediately after such declaration, be 
questioned by seven .or more, he shall make the vote certain 
by polling the voters, or in such other way as the meeting 
may direct. R, S. c. 5, § 17. 

2. By " polling the voters " is understood any mode of 
counting the polls or heads, so as to make the count certain. 

3. No person shall speak in meeting, before leave is ob- 
tained of the moderator, nor when any other person is speak- 
ing ; and all shall be silent at the command, of the modera- 
tor, on pain of forfeiting one dollar for every breach of such 
order, for the use of the town. lb. § 18. 

4. If any person, after notice from the moderator, persist 
in any disorderly conduct, the moderator may direct him to 
withdraw from the meeting, and by his refusal, he shall for- 
feit three dollars for the use of the town ; and the moder- 
ator may cause him to be removed from the meeting by a 
constable, and detained in confinement for three hours, un- 
less the meeting shall be sooner dissolved, or adjourned.—- 
lb. § 19. 

5. Disorderly behavior in town meetings is a misdemean- 
or at common law, and punishable by indictment 16 Mass. 
R. 466. 

6. At town meetings for the choice of State officers, the 
constitution requires that the selectmen shall preside. 

7. Conversation by the moderator and others, in town meet- 
ing, relating to a subject legally under its consideration, can- 
not be proved as evidence against the town. 30 Maine, 157. 



OATHS OF TOWN OFFICERS 



23 



CHAPTER VI. 



OATHS OF TOWN OFFICERS. 



1. The form of oath of moderator. 

2. The form of oath of town clerk. 

3. Officers elect, summoned to take the 

oath. 

4. The form of warrant to notify offi- 

cers to take the oath. 

5. The form of return by the constable. 



6. Neglect to take the oath, penalty P 
• 7. Certificate and record of oaths. 

8. Form of oath of town officers. 

9. Not taking the oath, effect. 

10. Time of taking the oath, directory. 

11. Certificate of oath. 

12. Forms for Wardens, &c, of cities. 



1. The form of oath to be administered to the moderator: 
You having been chosen moderator of this meeting, 

do solemnly swear, that you will faithfully and impartially 
discharge all the duties of said office. So help you God. 

2. The form of oath of town clerk : 

You having been elected town clerk of the town of 



— , do swear, that you will truly record all votes passed in 

this or any other town meeting, which may be held in this 
town during the ensuing year, and until another shall be chos- 
en and sworn in your stead ; and also that you will faithfully 
discharge all the other duties of said office. So help you 
God. 

3. The town clerk or two of the selectmen shall, forth- 
with, make out a list of the names of all those who have 
been chosen into office, of whom an oath is required by law, 
and deliver the same to a constable, with a warrant to him 
directed ; and he shall be required within three days from 
the day of receiving it, to summon each of the persons 
therein named, to appear before the town clerk, within seven 
days from the time of notice, to take the oath of office by 
law required ; and at the end of ten days, after receiving 
his warrant, the constable shall return the same, or forfeit 
ten dollars for the use of the town, and the town shall allow 
him a reasonable compensation for his services. R. S. c. 
5, § 13. 

i The form of a warrant to notify officers to take the oath : 



24 MAINE TOWNSMAN. 

To , a constable of the town of — 



The following is a list of persons, who were this day cho- 
sen into office, at a meeting of the inhabitants of the town 

of , and of whom an oath is by law required, and the 

offices to which they were respectively chosen, to wit ; 

A. B. C. D., Surveyors of High-ways. 

E. F. G. H., Fire Wards. 
Sfc. 8fc. 

You are hereby required, in the name of the State of Maine, 
within three days from the date hereof, to summon each of 
the persons therein named to appear before the town clerk, 
within seven days from the time you shall give such notice, 
and take the oath of office, by law required. 

Hereof fail not, and make due return of this warrant, and 
of your doings thereon, to me, within ten days from the date 
hereof. 

Given under my hand this day of A. D. 18 — . 

W. A. Toivn Clerk of — -. 

5. The form of return by a constable : 

March 18 — . Agreeably to the within warrant, I 

have notified the persons therein named, to appear, and take 
the oath of office, as herein directed. 

A. B., Constable of . 

6. Every person, so notified, and neglecting so to appear, 
and take the oath required of him within seven days, which 
said clerk is authorized to administer, shall forfeit and pay 
five dollars to him who shall inform and prosecute therefor, 
(except those officers for whose neglect a different penalty is 
provided,) two-thirds for the use of the town, and one third to 
the use of the prosecutor. lb. § 14. 

7. When any town, plantation, or parish officer shall be 
sworn by the clerk of such corporation, he shall record his 
own certificate thereof, formally and at full length ; and 
when any such officer shall be sworn before any other per- 
son or magistrate, he shall give a formal and full certificate 
of the oath administered by him, officially signed, to the 
person sworn; and such person shall, within seven days, 
deliver such certificate to the clerk of the town, plantation, 
or parish, and he shall record the same at full length, within 
seven days after receiving it ; and if the clerk, or person 



OATHS OF TOWN OFFICERS. 25 

sworn, shall neglect his duty in the above particulars, he 
shall forfeit and pay five dollars to the use of the town. 
The clerk's fee for recording such certificate shall be five 
cents, to be paid by the town ; provided, that where a certi- 
ficate of any town, plantation, or school district clerk, enter- 
ed on the record, is, that he has been duly elected into the 
office of clerk, or any other office requiring an oath to be 
administered to him, and that he has taken the oath required 
by law, it shall be sufficient evidence, that he holds such 
office, and has been duly sworn. lb. c. 5, § 15. 
8. The form of oath of town officers : 

You , having been duly elected , of the town of 

-, do swear that you will faithfully and impartially per- 



form the duties assigned you by law. So help you God. 

9. The moderator must be sworn, or the meeting is illegal. 
The collector must be sworn, or his acts are illegal. 

10. The time specified for taking the oath is directory. 

11. The certificate of the oath of office should state the 
day on which it was administered, and should be signed by 
the person who administered the oath. 

12. These forms are applicable to wardens and clerks of 
wards in cities, merely varying the phraseology to conform 
to the facts. 



TITLE II. 



ELECTIONS. 



9. 
10. 



Chapter 
Chapter 
Chapter 
Chapter 
Chapter 11. 
Chapter 12. 
Chapter 13. 
Chapter 14. 
Chapter 15. 
Chapter 16. 

Chapter 17. 
Chapter 18. 
Chapter 19. 
Chapter 20. 
Chapter 21. 

Chapter 22. 



Hights and qualifications of voters. 

List of electors. 

Notifying meetings. 

Proceedings at elections. 

Election of governor and senators. 

Apportionment of senatorial districts. 

Election of representatives. 

Election of representatives in classed districts. 

Apportionment of representatives. 

Election of representatives to congress and con- 
gressional districts. 

Election of county officers. 

Elections in cities. 

Elections in plantations. 

Returns of votes. 

Election of electors of President and Yice 
President. 

General provisions. 



CHAPTER VII. 



RIGHTS AND aUALIFICATIONS OF VOTERS. 



1. Who are legal voters. 

2. Electors free from arrest. 

3. Electors free from military duty. 

4. Election of governor, 2d Monday in 

September. 

5. No courts on days of election. 

6. Voters in unincorporated places. 



7. When a pauper is not a legal voter. 

8. Illegal voting in one town. 

9. The home of a person. 

10. Temporary absence. 

11. Town may waive right to elect Rep- 

resentative. 



1. Every male citizen of the United States, of the age of 
twenty-one years and upwards, excepting paupers, persons 
under guardianship, and Indians not taxed, having his resi- 
dence established in this State for the term of three months 



QU ALIFICATIONS OF VOTERS. 27 

next preceding any election, shall be an elector of governor, 
senators and representatives, in the town or plantation where 
his residence is so established ; and the election shall be by 
written ballot. But persons in the military, naval or marine 
service of the United States or this State, shall ' not be con- 
sidered as having obtained such established residence by be- 
ing stationed in any garrison, barrack, or military place in 
any town or plantation ; nor shall the residence of any stu- 
dent at any seminary of learning, entitle him to the right 
of suffrage in the town or plantation where such seminary is 
established. Const, art. 2, § 1. 

2. Electors shall, in all cases except treason, felony or 
breach of the peace, be privileged from arrest on the days 
of election, during their attendance at, going to, and return- 
ing therefrom. lb. § 2. But the privilege does not extend 
to an elector, preparing to go, if he have not actually pro- 
ceeded on the way. 8 Maine, 187. 

3. No elector shall be obliged to do duty in the militia on 
any day of election, except in time of war or public danger. 
Const, art. 2, § 3. 

4. The election of governor, senators and representatives, 
shall be on the second Monday of September, annually. lb. §4. 

5. No court shall be held for the trial of civil causes on 
the fourth of July, second Monday of September, nor on the 
day of choosing electors of President and Vice President of 
the United States. R. S. c. 115, § 108. 

6. All qualified electors, living in unincorporated places, 
taxed in an adjacent town, shall vote for state officers in such 
towns. R. S. c. 6, § 52. 

7. A person in order to be considered a pauper, must be 
assisted by the town in which he claims the right to vote. If 
he have received aid from the town within three months of 
the day of election, he is not a legal voter ; but if he receiv- 
ed aid from the town more than three months before the 
election, he is a voter whether he owes the town for it or not. 
7 Green. R. 499. 

8. If a person votes illegally in one town it does not de- 
prive him of his vote in another town where he has a legal 
right. 11 Mass. R. 353. 

9. That place is considered the home of a person in which 
his habitation is fixed, without any present intention of remov- 
ing therefrom. 



28 MAINE TOWNSMAN. 

10. A person having acquired a home in a place, does not 
lose it by temporary absence with the intention of returning 
— as to do a job of work, or absence at sea, or absence at 
college. 11 Mass. E. 424. If a person supports his family 
in one town, and resides to transact business in another town, 
he can vote for state officers only in the town where his fam- 
ily has resided three months next preceding the election. — 
7 Maine, 497. 

11. A town, having the right to choose a representative, 
has the power to waive that right, and vote not to choose one ; 
and such vote is binding on the minority. 6 Maine, 486. 



CHAPTER VIII. 

LIST OF VOTERS. 



1. Lists of voters to be prepared 11th 

of Aug. 

2. Lists to be prepared by assessors. 

3. List of voters to be corrected. 

4. Lists to be deposited and posted. 

5. Names of voters to be inserted. 

6. Subsequent alteration. 

7. Sessions of selectmen to correct 

lists. 



8. Same subject. 

9. Same subject. 

10. Notice of meetings. 

11. Applicable to cities. 

12. Duty of Aldermen. 

13. Punishment for not preparing, and 

posting lists of voters. 

14. Form of a list of voters. 



1. The selectmen of every town shall, on or before the 
11th day of August in each year, make out a correct alpha- 
betical list of such inhabitants of their respective towns, as 
shall appear to them to be constitutionally qualified to vote in 
the election of governor, senators and representatives. R. 
S. c. 6, § 1. 

2. In every town where the selectmen are not the assess- 
ors, the assessors shall, on or before the first day of August 
in each year, make out, according to their best judgment, a 
correct list of the persons qualified as aforesaid, and deliver 
the same to the selectmen for their information, and to be by 
them revised and corrected. lb. § 2. 

3. In every town, having by the last census, more than 
three thousand inhabitants, the selectmen shall be in open 
session, for the purpose of receiving evidence of the qualifi- 



LIST OF VOTERS. 29 • 

cations of persons claiming the right to vote in any such 
election, and for correcting their said list for a reasonable 
time, not exceeding two days, between the 11th and 18th 
days of August of each year ; and shall give notice of the time 
and place of their session in the same manner as meetings 
of the inhabitants of said town may be notified. R. S. c. 6,§3. 

4. On or before the 20th day of August, annually, the se- 
lectmen of every town shall deposite in the office of the town 
clerk, and shall also post up in one or more public places in 
the town, a list of electors prepared and revised as in Sec. 
3. lb. $ 4. 

5. The selectmen, at any regular session for correcting 
such list, shall place thereon the name of every person known 
by, or proved to them to be qualified as aforesaid, whether 
such person applies therefor or not. lb. § 5. 

6. After such list is prepared and deposited with the clerk 
and posted up, the selectmen shall not add thereto, nor strike 
out the name of any person, except as provided in the four 
following sections. lb. § 6. 

7. In every town, by the last census, containing more than 
three thousand inhabitants, the selectmen shall be in open 
session for a reasonable time for correcting such list, on the 
Friday and Saturday next preceding the second Monday of 
September, annually. lb. § 7. 

8. In every town, containing, by such last census, more 
than two thousand qualified electors, the selectmen shall be 
in open session for a reasonable, time on the day preceding 
the election of governor, representatives to congress, or elec- 
tors, and previously if they see cause, to hear and decide on 
applications of persons claiming the right to vote at the next 
election ; provided, that if the election be on Monday, such 
session shall be held on Saturday. lb. § 8. 

9. In every town, the selectmen shall be in session on the 
day of any such election to receive and decide on such ap- 
plication, at some convenient place, for so long a time im- 
mediately preceding the opening of the polls as they shall 
think necessaiy : and shall hear and determine any such ap- 
plication at any time before the polls are closed ; provided, 
that when the town contains five thousand inhabitants or 
more, no such application shall be .received after three 
o'clock in the afternoon. lb. § 9. 

10. The selectmen shall order notice of the time and place 



30 MAINE TOWNSMAN 

of all their sessions, to be given in the warrant for calling 
the respective town meetings. R. S. c. 6, § 10. 

11. The foregoing provisions are made applicable to cities. 
The aldermen and assessors of cities shall prepare lists of 
voters in their several wards, as selectmen and assessors are 
required to prepare them for towns. The aldermen perform- 
ing the duties of selectmen, and the city warden, shall be 
governed by said lists. lb. § 13. 

12. It shall be the duty of the aldermen in their respective 
cities, on all days of election for w T hich a list of qualified 
voters is required, to be in session at some central and con- 
venient place, from nine o'clock, A. M., to three o'clock, P. 
M.; and notice of each session shall be given in the warrant 
for calling the meeting, to receive evidence of the qualifica- 
tions of voters, whose names have not been entered on the 
list ; and on satisfactory evidence being produced by any 
inhabitant, the aldermen shall deliver to such inhabitant a 
certificate under their hands, directed to the warden of the 
proper ward, requiring him to enter the name of such per- 
son upon his ward list, and the warden shall thereupon add 
the name of such person to his list and receive his vote. lb. 
§ 44. At any such session, three shall constitute a quorum, 
lb. § 45. 

13. If the selectmen of any town, or assessors of any 
plantation, shall wilfully neglect to deposit lists of qualified 
voters with the town or plantation clerk, and to post up such 
lists as required in section four, they shall severally forfeit 
for such offense, not less than fifty dollars nor more than one 
hundred ; and for each day's neglect after the 20th of Au- 
gust, and until the election next ensuing, they shall forfeit 
thirty dollars, to be recovered in an action of debt, in the 
name and to the use of the inhabitants of the town or plan- 
tation, to be commenced and prosecuted at the request of 
any qualified voter by the treasurer, unless he be a delinquent 
officer ; and in that case, by one of the constables. lb. § 
56—7. 

14. The form of the list of voters, which must be arrang- 
ed alphabetically, may be : 

An alphabetical list of the voters in the town of ■ , in 

the county of , as made out by the selectmen, the 

day of , A. D. 18—, 

A. B. CD. E. F. G.H. I. O. 



NOTIFYING MEETINGS 



31 



CHAPTER IX. 



NOTIFYING MEETINGS. 



1. Meetings for elections notified. 

2. Form of a warrant. 

3. Same subject. 

4. Form of return of warrant. 

5. Mode of notice may be prescribed 

by town. 



6. Neglect of warning officer, pen- 

alty. 

7. A copy of record of warrant suffi- 

cient. 



1. The selectmen of every town, by their warrant, shall 
cause the inhabitants thereof, qualified according to the con- 
stitution, to be notified and warned, severi days at least be- 
fore the second Monday of September, annually, to meet at 
some suitable place, to be designated in said warrants, to give 
in their votes for governor, senators and representatives, as 
the constitution requires, and such meeting shall be warned 
in the manner legally established for warning other town 
meetings, in such town. R. S. c. 6, § 14. 

2. The form of a warrant : 



To , constable of the town of . You are hereby 

required, in the name of the State of Maine, to notify and 

warn the inhabitants of said town of , qualified as the 

constitution requires, to assemble at - , on the day 

of , at o'clock, in the noon, to give in their 

votes for governor, senators and representatives (or repre- 
sentative) to represent them in the legislature of this State. 

The selectmen will be in session, at , on the 

day of at o'clock, in the noon, for the pur- 
pose of correcting the list of voters. 

Dated at , the day of — 



A. 
C. 
E. 



A. D. 18—. 
Selectmen of - 



3. In warning as above for the choice of register of deeds, 
county treasurer, or other county officers, the revised statutes 



32 MAINE TOWNSMAN. 

prescribe that instead of the words, " as the constitution re- 
quires," should be substituted the words, " to vote for repre- 
sentatives." 

4. The form of a return on the back of the warrant by 
the constable : 

-, August , 18 — * Pursuant to the within warrant 



to me directed, I have notified and warned the inhabitants 
of said town of $ qualified as therein expressed, to as- 
semble at the time and place, and for the purposes therein 
mentioned, by posting up an attested copy of such warrant 

at -, being a public and conspicuous place in said town, 

on the day of , being seven days before said meet- 
ing. A. B., Constable of . 

5. When the town has appointed a different mode of no- 
tifying the meeting, which any town is empowered to do, a 
compliance with that particular mode should be stated in the 
return ; otherwise, the revised statutes require, that an attest- 
ed copy of the warrant shall be posted up, and the original 
should be preserved, and returned to the town meeting. The 
person who notified the meeting, should state in his return 
the day on which the warrant was posted up, and the place 
or places where it was so posted. 

6. If any constable, or other person, legally required to 
summon the qualified voters of any city, town or plantation, 
to give in their votes for governor, senators and representa- 
tives to the legislature of this State, or to congress, or for a 
county treasurer, or register of deeds, or electors of Presi- 
dent and Vice President of the United States, shall willfully 
refuse or neglect to summon such voters agreeably to law, 
and make due return of such warrant within the proper time, 
he shall forfeit a sum not less than fifty, nor more than two 
hundred dollars, to be recovered by indictment, one-half to 
the use of the State, the other half to the use of the complain- 
ant. R. S. c. 6, § 54. 

7. A copy of the record of the warrant for calling the 
town meeting is competent evidence, without producing the 
original warrant, or showing its loss. 21 Maine R. 63. 



PROCEEDINGS AT ELECTIONS. 



33 



CHAPTER X. 



PROCEEDINGS AT ELECTIONS. 



1. Time of opening the meeting. 

2. Power of presiding officers. 

3. Liability of selectmen for not re- 

ceiving a legal vote. 

4. Illegal voting. 

5. Selectmen pro tempore. 

6. Same subject. 

7. Same subject. 

8. Votes to be brought on one ballot. 

9. What vote should be counted. 
10. Check list , ballot boxes. 



11. Penalty for not keeping a check. 

12. Votes shall have no distinguishing 

mark. 

13. Folded or double votes not received. 

14. Choice of county and other officers. 

15. Result of ballotings ascertained. 

16. Misconduct of a voter, penalty. 

17. Double voting, when. 

18. Certain officers chosen by plurality. 

19. Blank votes, &c, to be stated. 
20> Effect of illegal votes. 



1. No meeting for the election of State officers shall be 
opened before ten o'clock in the forenoon, on the day of such 
election, unless the number of qualified voters in such town 
shall exceed five hundred, in which case an earlier and suita- 
ble time in the day may be appointed by the selectmen. R. 
S. c. 6, § 15. 

2. The selectmen, or other officers authorised and required 
by the constitution and laws to preside at any such meeting, 
shall then and there have all the power of moderators of town 
meetings, and it shall be their duty to refuse the vote of any 
person not qualified to vote. lb. § 16. 

3. The selectmen are liable for refusing the vote of one 
legally qualified, even if that refusal is the result of an hon- 
est mistake, an error in judgment ; yet where they acted in 
good faith, the jury would give slight damages. 12 Pick. R. 
485. 

4. Any person not a legal voter, is liable for voting, even 
if his name is on the list of voters, or although he did not 
know what were the qualifications of a voter ; but in the lat- 
ter case the liability would be nominal. 

5. If the selectmen, or a majority of them, be absent from 
any such meeting duly warned, or being present, shall neglect 
or refuse to act as such, and to do all the duties required of 
them at such meeting, the qualified voters at such meeting 
may choose so many men pro tempore, as may be necessa- 

4 



34 MAINE TOWNSMAN. 

ry to constitute, or complete the number competent to do the 
duties. R. S. c. 6, § 17. 

6. During the choice of such selectmen pro tempore, any 
selectman present may act as moderator ; if there be no se- 
lectman present, or in case those present shall neglect or re- 
fuse to act as such, the town clerk shall preside ; and the per- 
son so acting or presiding, shall have all the powers, and dis- 
charge the duties of moderator. lb. § 18. 

7. The selectmen pro tempore, having accepted the trust* 
shall be sworn faithfully to discharge the duties of the said 
office so far as relates to such meeting and election ; and in 
making a record and return of the votes, as the constitution 
or laws may require, and in all matters incidental to the trust, 
shall have the powers of permanent selectmen, and be subject 
to the same duties and liabilities. lb. § 19. 

8. At every meeting for the choice of governor, senators 
and representatives, and other public officers, requiring the like 
qualifications in the electors, the selectmen or other officer 
presiding, shall require the qualified electors to give in their 
votes for the officer, or officers to be chosen, on one list or 
ballot, or so many of such officers as the person voting may 
determine to vote for, designating the intended office of each 
person voted for ; provided, that if the meeting so decide, 
they may vote for representative or representatives to the 
State legislature on a separate ballot. lb. § 20. 

9. Any ballot, having on it the name of one person for 
any office, should be counted a vote* as to such office. 

10. The selectmen, or other officers presiding at any elec* 
tion, as aforesaid, shall keep and use the check list, required 
at the polls, during the election of any of the officers afore- 
said, and they shall also have and use suitable ballot boxes, 
to be furnished at the expense of the town ; and no vote 
shall be received, unless delivered by the voter in person, nor 
until the presiding officer or officers, shall have had an op- 
portunity to be satisfied of his identity, and shall find his name 
on the list, and mark it, and ascertain that his vote be single. 
lb. § 21. 

11. And if such assessors or selectmen shall wilfully re- 
fuse or neglect to keep and use a check list, or receive a 
vote prohibited in the following section, they shall forfeit not 
more than one hundred dollars nor less than fifty dollars, to 
be recovered in an action of debt, for the use of the town or 



PROCEEDINGS AT ELECTIONS. 35 

plantation, where the offence is committed, at the suit of the 
treasurer of such town or plantation, at the request of any 
qualified voter thereof. lb. § 56 — 57. 

12. No vote shall be received at any election of State or 
town officers, unless in writing or printing, upon clean white 
paper, without any distinguishing mark or figures thereon, 
besides the names of the persons voted for, and the offices 
to be filled ; but no vote shall be rejected on this account, af- 
ter it shall have been received into the ballot box. lb. § 22. 

13. The moderator, or other person presiding at any town 
meeting, shall not receive any vote folded or doubled, and 
shall not permit any person, without the consent of the voter, 
to read or examine the name or names written on his ballot, 
with a view of* ascertaining the name of the candidate, be- 
fore the poll is closed, on penalty of fifty dollars to be recov- 
ered on indictment. lb. c. 5, § 21. 

14. All town meetings required to be held for the election 
of county treasurer, or register of deeds, or of representa- 
tives to congress, or of electors of President or Vice Presi- 
dent of the United States, or for the determination of ques- 
tions expressly submitted to the people by the legislature, so 
far as it respects the calling and notifying the meetings and 
conducting the same, shall be subject to the regulations afore- 
said for the election of governor and senators, unless other- 
wise provided by law. lb. c. 6, § 26. 

15. In order to determine the result of any election, the 
whole number of persons who voted at such election shall 
first be ascertained, by counting the whole number of sepa- 
rate ballots given in ; and no person shall be deemed or de- 
clared to be elected who shall not have received a majority 
of the whole number of ballots, except as provided in section 
18, of this chapter ; and in all returns of elections, the whole 
number of ballots given in shall be distinctly stated ; but 
blank pieces of paper, and votes for persons not eligible to 
the office, shall not be counted as ballots ; yet they shall be 
recorded, and returns thereof made ; and if at any election, 
a greater number of candidates than the number to be elect- 
ed shall severally receive a majority of the whole number of 
ballots, a number equal to the number to be elected of such 
as have the greatest excess over such majority, shall be deem- 
ed and declared to be elected ; but if the whole number to 
be elected cannot be completed thus by reason of any two 



36 MAINE TOWNSMAN. 

or more of such candidates having received an equal number 
of ballots, the candidates having such equal. number, shall 
be deemed not to be elected. R. S. c. 6, § 27. 

16. If at any meeting for the election of any public offi- 
cer, where a list of voters is necessary, any person shall 
willfully cast his vote before the presiding officer shall have 
opportunity to find his name on said list, or shall willfully 
give any false answer or statement to the selectmen, or if he 
shall vote knowing that his name is not on said list, or if any 
person shall give in more than one vote at any one balloting, 
or be disorderly at such meeting, he shall forfeit for each 
offence, not exceeding one hundred dollars, nor less than ten. 
lb. § 63. 

17. The offence of double voting may be committed, al- 
though the presiding officer may not keep a check list, and 
although he may throw out the ballots after the double voting 
has taken place, and commence the voting again. 21 Maine 
R. 62. 

18. In order to determine the result of any election to 
office to representatives to congress, registers of deeds, and 
county and state officers, where a different rule is not pre- 
scribed in the constitution of the state, the number of per- 
sons who voted at such election shall first be ascertained by 
counting the whole number of separate ballots given in, ex- 
cepting blank pieces of paper, and votes for persons not 
eligible to the office ; and the person or persons, not exceed- 
ing the number to be voted for at any one time for any office, 
having the highest number of votes at such election, shall be 
declared elected. And in case the candidates for any office 
at such election receive an equal number of votes, and ex- 
ceed the number of officers to be voted for at any one time, 
the candidates having such equal number of votes shall be 
deemed and declared not elected. Act 1847. 

19. In all returns of elections required by law to be made, 
the whole number of ballots shall be distinctly stated, includ- 
ing blank pieces of paper and votes for persons not eligible 
to the office for which they shall receive votes. lb. 

20. It is not a valid objection to an election that illegal 
votes were received, if they did not change the result, 21 
Pick. R. 148. 



ELECTION OF GOVERNOR. 



37 



CHAPTER XI. 
ELECTION OF GOVERNOR. 
1. How elected. | 2. Qualifications. 

1. The meeting for the election of governor shall be noti- 
fied, held and regulated, and the votes shall be received, 
sorted, counted, declared and recorded, in the same manner 
as those for senators and representatives. They shall be 
sealed and returned into the secretary's office in the same 
manner, and at the same time, as those for senators. Const, 
art. 5, § 3. 

2. The governor shall, at the commencement of his term, 
be not less than thirty years of age, a natural born citizen 
of the United States, have been five years a resident in the 
State ; and at the time of his election and during the term 
for which he is elected, be a resident of the State. No per- 
son holding any office or place under the United States, this 
State, or any other power, can exercise the office of gover- 
nor, lb. § 4, 5. 



CHAPTER XII. 

ELECTION OF SENATORS. 



1. Total number of the senate. 

2. Meetings for the choice of senators. 

3. Senatorial districts. 

4. First District, 3 senators. 

5. Second district, 4 senators. 

6. Third district, 4 senators. 

7. Fourth district, 3 senators. 

8. Fifth district, 3 senators. 

9. Sixth district, 1 senator. 



10. Seventh district, 1 senator. 

11. Eighth district, 1 senator. 

12. Ninth district, 1 senator. 

13. Tenth district, 3 senators. 

14. Eleventh district, 1 senator. 

15. Twelfth district, 2 senators. 

16. Thirteenth district, 1 Senator. 

17. Fourteenth district, 3 senators, 

18. Qualifications of Senators. 



1. The senate shall consist of not less than 20, nor more 
than 31 members, elected at the same time, and for the 
same term, as the representatives. Const, art. 4, part 2. § 1. 



38 MAINE TOWNSMAN. 

2. The meetings for the choice of senators shall be noti- 
fied, held and regulated, and the votes received, sorted, 
counted, declared and recorded, in the same manner as those 
for representatives. And fair copies of the list of the votes 
shall be attested by the selectmen and town clerks of towns, 
and the assessors and clerks of plantations, and sealed up in 
open town and plantation meetings ; and the town and plan- 
tation clerks respectively shall cause the same to be delivered 
into the secretary's office, thirty days at least before the se- 
cond Wednesday of January. Const, art. 4, § 3. 

3. The State is divided into fourteen districts for the choice 
of senators, and each district shall be entitled to elect the 
number of senators herein provided, for the term of ten years. 
Resolves, 1841,-42. 

4. The first district shall be composed of the several towns 
in the county of York, except Parsonsfield, Cornish and 
Limington, and be entitled to three senators. 

5. The several towns composing the county of Cumber- 
land, except the towns of Standish and Baldwin, shall form 
the second district, and be entitled to four senators. 

6. The several towns and plantations, composing the 
county of Lincoln, together with the Island of Matinicus and 
Islands contiguous thereto, shall form the third district, and 
be entitled to four senators. 

7. The several towns in the county of Kennebec, except 
the towns of Albion, Clinton, China and Clinton Gore, shall 
form the fourth district, and be entitled to three senators. 

8. The several towns in the county ot Waldo, with the 
towns of Albion, China, Clinton and Clinton Gore, shall form 
the fifth district, and be entitled to three senators. 

9. The towns of Bluehill, Bucksport, Brooksville, Castine, 
Dedham, Deer Isle, Orland, Penobscot, Sedgwick, Swan Is- 
land, Whetmore Isle and Long Island, shall form the sixth 
district, and be entitled to one senator. 

10. The remainder of Hancock county, with the towns of 
Steuben, Addison, Beddington, Centervilie, Columbia, Cher- 
ryfield, Harrington, Jonesborough, Jonesport, Machias, North- 
field, Wesley, Annsburg and Devereaux, in the county of 
Washington, shall form the seventh district, and be entitled 
to one senator. 

11. The eighth senatorial district shall consist of Calais, 
Cutler, Lubec, Marion, Dennysville, Eastport, Edmonds, Ma- 



ELECTION OF SENATORS 39 

chias Port, East Machias, Pembroke, Perry, Robbinston, Tres- 
cott, Whiting and number fourteen and eighteen in the east- 
ern division in Washington county, and shall be entitled to 
one senator. 

12. The remainder of the county of Washington with the 
county of Aroostook, shall form the ninth district, and be en- 
titled to one senator. 

13. The towns and plantations in the county of Penob- 
scot, shall form the tenth district, and be entitled to three sen- 
ators. 

14. The towns and plantations in the county of Piscata- 
quis, shall form the eleventh district, and be entitled to one 
senator. 

15. The towns and plantations in the county of Somer- 
set, shall form the twelfth district, and be entitled to two sen- 
ators. 

16. The towns and plantations in the county of Franklin, 
except Carthage, Weld, Berlin, No. 2> first range, No 3, 
first range, Nos. 2 and 3, second range, and letters D. and 
E., shall form the thirteenth district, and be entitled to one 
senator. 

17. The remainder of the county of Franklin, together 
with the towns and plantations in the county of Oxford, and 
also the towns of Parsonsfield, Cornish, Limington, Baldwin 
and Standish, shall form the fourteenth district, and be enti- 
tled to three senators. 

18. The senators shall be twenty-five years of age at the 
commencement of the term for which they are elected, and 
in all other respects their qualifications shall be the same as. 
those of the representatives. Const, art. 4, part 2, § 6. 



40 



MAINE TOWNSMAN 



CHAPTEE XIII. 



ELECTION OF REPRESENTATIVES TO THE STATE LEGISLATURE. 



1. Total number of the house of rep- 

resentatives. 

2. Meetings for the choice of represen- 

tatives. 

3. Vacancies may be filled. 

4. Plurality elects. 



5. Meetings to fill vacancies. 

6. Notice of contested elections. 

7. Form of certificate of election. 

8. Return of votes in writing. 

9. Qualifications of Representatives. 



1. The house of representatives shall consist of 151 mem- 
bers. Amt. of con. 1842. 

2. The meetings for the choice of representatives shall be 
warned in due course of law, by the selectmen of the sever- 
al towns, seven days at least before the election ; and the 
selectmen shall preside impartially at such meetings, receive 
the votes of all the qualified voters present, sort, count and 
declare them in open town meeting, and in presence of the 
town clerk, who shall form a list of the persons voted for, 
with the number of votes for each person against his name, 
and make a fair record thereof, in presence of the select- 
men, and in open town meeting, and a fair copy of this list 
shall be attested by the selectmen and town clerk, and de* 
livered by said selectmen to each representative, within ten 
days after such elections. Const, art. 4, § 5, part 1. 

3. Whenever the seat of a member shall be vacated by 
death, resignation or otherwise, the vacancy may be filled 
by a new election. lb. art. 3 § 6. 

4. Any person shall be deemed or declared elected a 
member of the house of representatives, who shall have re- 
ceived at any election for representatives the highest num- 
ber instead of a majority of all the ballots. Act. 1848. — 
In case, however, there should for any cause be no election, 
and it should satisfactorily appear to the selectmen, after a 
reasonable number of trials, that a choice cannot be con- 
veniently effected of any or all the representatives to which 
the town is entitled, the presiding selectmen shall declare 
their judgment to the inhabitants, at such meeting, within a 



PROCEEDINGS AT ELECTIONS. 41 

reasonable time after the last trial, and notify them accord- 
ingly ; of which decision and notice, the clerk shall make a 
record, and in no case shall a new balloting commence after 
six o'clock in the afternoon. R. S. c. 6, § 23. On such 
notice being given and recorded, or after six o'clock in the 
afternoon, there being no balloting then pending, the meet- 
ing shall be considered as adjourned to the same day of the 
next week following, and at the hour and place for which 
the first meeting was notified, and the selectmen shall make 
proclamation thereof to the meeting. lb. § 24. At such 
adjournment, a further trial or trials shall be had, and if no 
choice shall then be made, the like proceedings shall be had, 
as are provided in the manner above, and the meeting 
shall be considered as further adjourned to the same day and 
hour of the next w T eek, at the same place, and such meetings 
and adjournments to successive weeks, may be continued to 
be had until a choice shall be effected and declared. lb. § 25. 

5. When the selectmen of any town, not classed with 
others as a representative district, shall by any means have 
knowledge that the seat of any representative thereof has 
been vacated by death, resignation, or otherwise, they shall 
forthwith issue their warrant, giving at least seven days no- 
tice, for the meeting of the qualified electors of said town, 
to choose some person to supply such vacancy ; and at such 
meeting the like proceedings shall be had as at any meeting 
held on the second Monday of September for the like pur- 
pose, lb. § 33. 

6. Whenever any person intends to contest before the 
house of representatives, the right of any other person to his 
seat therein, returned as a member, he shall notify the per- 
son so returned, of such intention, at least twenty days be- 
fore the second Wednesday in January, by delivering to him 
in hand, or leaving at his last and usual place of abode, in 
writing, a specification of his objections to the validity of 
such return ; provided, the meeting at which the person 
claims to have been elected, shall have been held thirty days 
before the second Wednesday of January ; and depositions 
may be used. lb. § 51. 

7. The form of a certificate of the election of a represen- 
tative : 

State of Maine. 
At a legal meeting of the town of in the county of 



42 MAINE TOWNSMAN. 

-, qualified by the constitution to vote for representatives, 



held on the second Monday of September, -being the • 

day of said month, A. D. , the said inhabitants gave in 

their votes for a representative to represent them in the leg- 
islature of this State ; and the same were received, sorted, 
counted and declared in open town meeting, by the select- 
men who presided, and in the presence of the town clerk, 
who formed a list of the persons voted for, and made a record 
thereof as follows : 

For A. B. votes. 

" C. D. -votes. 

The whole number of votes given in was . 

A. B. 



C. D. > Selectmen of . 

E.F.j 

Attest, A. B«, Town Cleric. 

8. The votes given in must be in writing and not in fig- 
ures ; and the number of votes for each candidate, and the 
aggregate number must be inserted in the return. 

9. No person shall be a member of the House of Repre- 
sentatives unless he shall, at the commencement of the pe- 
riod for which he is elected, have been five years a citizen of 
the United States, have arrived at the age of twenty-one 
years, have been a resident in this State one year, and for 
the three months next preceding the time of his election shall 
have been, and, during the period for which he is elected, 
shall continue to be a resident in the town or district which 
he represents. Const. Art. 4, part 1, § 4, 



REPRESENTATIVES IN CLASSED TOWNS. 43 



CHAPTER XIV* 

ELECTION OF REPRESENTATIVES IN CLASSED TOWNS, 



1. Meetings cf selectmen of classed 

towns. 

2. Selectmen of oldest town appoint 

the place. 

3. The form of appointing such meet- 

ings. 

4. Proceedings at such meetings. 

5. Form of a warrant. 



6. Return of a warrant. 

7. W T hen a choice is made. 

8. Form of certificate of election. 

9. Vacancies in classed towns. 

10. When a choice is made. 

11. Voters in unincorporated places. 

12. Power of classed towns and planta- 

tions. 



1. The towns and plantations organized bylaw, belonging 
to any class, shall hold their meetings at the same time in their 
respective towns and plantations ; and the town and planta- 
tion meetings in such towns and plantations, shall be notified, 
held and regulated, the votes received, sorted, counted and 
declared, as in towns not classed. And the assessors and 
clerks of plantations shall have all the powers, and be sub- 
ject to- all the duties, which selectmen and town clerks have, 
and are subject to. And the selectmen of such towns and 
the assessors of such plantations, so classed, shall within 
four days next after such meeting, meet at some place, to 
be prescribed and notified by the selectmen or assessors of 
the oldest town or plantation in such class ; and the copies 
of said list shall be then examined, and compared ; and in 
case any person shall be elected by a majority [or plurality, 
as the case may be] of all the votes, the selectmen or as- 
sessors shall deliver the certified copies of such lists to the 
person, so elected, within ten days next after such election ; 
and the clerks of towns and plantations respectively, shall 
seal up copies of all such lists, and cause them to be deliver- 
ed into the secretary's office, twenty days at least, before the 
first Wednesday in January, annually. But in case no per- 
son shall have a majority [or plurality, as the case may be] 
of votes, the selectmen and assessors shall, as soon as may 
be, notify another meeting, and the same proceeding shall be 
had at every future meeting, until an election shall have been 
effected ; provided that the legislature may, by law, prescribe 



44 MAINE TOWNSMAN 

a different mode of returning, examining and ascertaining 
the election of representatives in such cases. Const, art* 
4, §5. 

2. When two or more towns are classed for the purpose 
of choosing a representative to the State legislature, the se- 
lectmen of the oldest town in such district shall appoint a 
time and place of meeting of the selectmen of the several 
towns in such district, and give reasonable notice thereof to 
such selectmen, for the purpose of examining copies of the 
lists of votes for representatives, where no time or place of 
meeting has been otherwise established. When thus assem- 
bled, the selectmen of the towns, so classed, shall, by a ma- 
jority of votes, reckoned by towns, determine the time and 
place of their future meetings in said district, for the purpose 
aforesaid, and such time and place shall continue fixed, un- 
less altered by a like vote. R. S. c. 6, § 46. 

3. The form of such appointment and notice : 

The selectmen of the town of , to the selectmen of 

the town of . 

Gentlemen : — The subscribers, selectmen of the town 

of , being the oldest town in the representative district, 

composed of the towns of , hereby give you notice, that 

we have appointed a meeting of the several selectmen in said 

district, to be held at , in the town of , on the 

day of at — o'clock in the noon, for the purpose 

of examining the lists of votes for representatives in said 
classed towns ; at which time and place, and for which pur- 
pose you are requested to attend. 

Dated at , this day of , A. D. 18 — . 

A.B.J 

C. D. > Selectmen of . 

E. F.j ■ 

4. Whenever at any such meeting of selectmen, on com- 
paring the list of votes, it shall appear that no person has been 
elected, the selectmen of the several towns shall issue their 
warrant, in legal form, for another meeting in their respect- 
ive towns, at the same hour, and at the same places ; and the 
selectmen of such towns shall again meet within four days 
after such second trial. If at such meeting of the selectmen, 
it shall still appear that no choice has resulted, the same pro- 



REPRESENTATIVES IN CLASSED TOWNS. 45 

ceedings shall be repeated every three weeks until a choice 
shall be made and declared. lb. § 47. 

5. Form of a warrant, as in the preceding section : 

To , a constable of the town of ■. 

You are hereby required, in the name of the State of 
Maine, to notify and warn the inhabitants of the town of 

, qualified by the constitution to vote in the election of 

representatives to the State legislature, to assemble at 

in said town, on the day of — at o'clock 

in the noon, to give in their votes for a person to rep- 
resent said town in the State legislature of this State, in the 
representative district, composed of the towns of . 

Given under our hands, at , this day of — — A. 

D. 18—. A. B. \ 

C. D. > Selectmen of 
E. F.j 

6. For form of return of constable, see c. 3, § 18. 

7. Whenever an election of representatives shall appear 
to the selectmen assembled, as aforesaid, to have been made, 
they shall deliver to the person so elected, certified copies 
of the list of votes within ten days after election or sooner, 
if required by the person so elected ; but it shall not be ne- 
cessary for the clerks of the towns to seal them up, nor to 
cause such copies to be delivered into the secretary's office, 
(lb. § 48.) except as provided in the Act of 1848 referred to 
in a subsequent chapter. 

8. Form of a certificate of election : 

At a leoral meeting of the inhabitants of the town of , 

qualified by the constitution to vote for representatives to the 
State legislature, to give in their votes for a representative to 
represent said towns, as a representative district in the State 
legislature, and the same were received, sorted, counted, and 
declared, in open town meeting, by the selectmen of said 
towns who presided, and in the presence of the clerks of said 
towns, who formed lists of the persons voted for, and made 
record thereof, as follows : 

Town of , A. B. ■ votes for representative. 

Town of , C. D. votes for representative. 

Town of , A. B. votes for representative. 

Town of , C. D. votes for representative. 



votes. 
5 



46 MAINE TOWNSMAN 

The whole number of ballots given in was , and 

the said A. B. having the highest number of all the votes 
given in, the said selectmen of said towns have delivered to 
him certified copies of said lists of votes as aforesaid. 

Given under our hands this day of , A. D. 18 — . 

A. B. \ 

C. D. > Selectmen of . 

E.F.j 



G. H. 



G. H. ) 
H.I. 
O. B. ) 



Selectmen of - 



9. Whenever in any district, the selectmen of the oldest 
town shall be duly notified, or be otherwise satisfied that the 
seat of the representative of such district has been vacated, 
they shall, as soon as may be, leaving a convenient time for 
calling meetings in the several towns, appoint a day for an- 
other election, to supply such vacancy, and shall notify the 
selectmen of the other towns accordingly. lb. § 49. 

10. The selectmen of the several towns shall call meet- 
ings upon the day appointed, and the like proceedings shall 
then be had as is required by the constitution and laws for 
the election of representatives on the second Monday of 
September ; and they shall meet within four days thereafter, 
to examine the list of votes, and if a choice be effected, shall 
deliver copies of the list to the person elected, as is provided 
in sec. 7, otherwise such proceedings may be had, as in sec. 
4. lb. § 50. 

11. Whenever any person, resident in an unincorporated 
place, adjacent to any town or organized plantation in a rep- 
resentative district, shall give or send his name to the select- 
men of such town, or assessors of such plantation, on or be- 
fore the first day of June, he shall be entitled to vote in all 
elections of State and county officers, members of congress, 
and electors of President and Vice President, provided he be in 
other respects a qualified voter, and continues his residence 
as aforesaid, or if he remove to said town, and the selectmen 
shall place his name on the list of voters, and receive his 
votes accordingly. lb. § 52. 

12. Towns and plantations, classed into districts for the 
choice of a representative, have a right to choose one, though a 
majority of the towns may vote not to send. 6 Maine R., 486. 



APPORTIONMENTS OF REPRESENTATIVES 47 



CHAPTER XV. 

APPORTIONMENT OF REPRESENTATIVES. 



1, County of York. 

% County of Cumberland. 

3. County of Lincoln. 

4. County of Oxford. 

5. County of Somerset. 

6. County of Hancock. 

7. County of Washington. 



8. County of Kennebec. 

9. County of Penobscot- 

10. County of Waldo. 

11. County of Piscataquis.!] 

12. County of Franklin. 

13. County of Aroostook. 



The following is a full analysis of the " Resolve for ap- 
portioning one hundred and fifty-one Representatives among 
the several counties, cities, towns, plantations and classes in 
the State of Maine at the fourth apportionment, passed March 
17, 1842. 

County of York, 16, viz: — Saco, 1 ; York, 1 ; Wells, 1 ; 
Kennebunk-port, 1 ; Biddeford, 1 ; Buxton, 1 ; Kittery, 1 ; 
Parsonsfield, 1 ; South Berwick and Eliot, 1 ; Sanford and 
Lebanon, 1 ; Waterborough and Lyman, 1 ; Alfred and 
Kennebunk, 1 ; Limington and Hollis, 1 ; Berwick and N. 
Berwick, 1 ; Shapleigh and Acton, 1 ; Cornish, Limerick and 
Newfield, 1. 

County of Cumberland, 20, viz : Portland, 3 ; Westbrook, 
1 ; Brunswick, 1 ; Gorham, 1 ; N. Yarmouth, 1 ; Freeport, 
1 ; Poland, 1 ; Standish 1 ; Windham 1 ; Baldwin, Sebago 
and Naples, 1 ; Casco, Raymond and Otisfield, 1 ; Durham 
and Pownal, 1 ; Gray and Harpswell, 1 ; Scarborough, 1 for 
1843, '45, '47, '49, and '51 ; Cape Elizabeth, 1 for 1844, 
'6, '8, and '50 ; Auburn, 1 for 1843, '5, '6, '9, and '51 ; Mi- 
not, 1 for 1844, '7, '8, and '50 ; Bridgton and Harrison, 1 ; 
New Gloucester and Danville, 1 ; Falmouth, 1 for 1843, '4, 
'7, '9, and '51 ; Cumberland, 1 for 1845, '6, '8, and '50. 

County of Lincoln, 19, viz : — Thomaston, 2 ; Bath, 1 ; 
Waldoborough, 1 ; Warren and Friendship, 1 ; St. George, 
Cushing and Muscle Ridge pi., 1 ; Union and Washington, 1 ; 



48 MAINE TOWNSMAN 

Whitefield and Patricktown pi., 1 ; Jefferson and Alna, 
1 ; Wiscasset and Woolwich, 1 ; Newcastle and Edgecomb, 
1 ; Nobleborough and Bremen, 1 ; Booth bay, Townsend and 
Westport 1 ; Phipsburg, Georgetown and Arrowsic, 1 ; Bris- 
tol, Monhegan, Muscongus and Harbor Islands, 1 ; Lewiston 
and Lisbon, 1 ; Bowdoin and Topsham, 1 ; Richmond, 1 for 

1843, '5, '7, '9, and '51 ; Dresden, 1 for 1844, '6, '8, and 
'50 ; Webster, 1 for 1843, '6, and '9 ; Bowdoinham, 1 for 

1844, '5, '7, '8, '50 and '51'. 

County of Hancock, 9, viz: — Bucksport and Wetmore 
Isle, 1 ; Penobscot, Castine, Holbrook and Matinicus pi., 
1 ; Brooksville, Sedgwick, Swan's I. pi., Hog I. pi, and Long 
I. p]., 1 ; Deer I., Bear I., Beach I., Pickering's I., Great 
Sprucehead I., Little Sprucehead I., Butter I., Eagle I., and 
Hacketash I., 1 ; Bluehill and Surry, 1 ; Mount Desert, Eden, 
Cranberry Isles, Mt. Desert "Rock and Seaville, 1 ; Orland, 
Dedham, Otis, Mariaville, Aurora, Amherst, Greenfield, 
Townships Nos. 1,2, 3, 4, 16, 21, 22, 28, 33, 34, 35, 39, 
40 and 41, 1 ; Ellsworth, Trenton and Waltham, 1 ; Goulds- 
borough, Sullivan, Franklin, Eastbrook, Hancock, Town- 
ships Nos. 7, 8, 9 and 10, 1. 

County of Washington, 9, viz : — Calais, 1 ; Eastport, 1 ; 
Steuben, Cherryfield, Annsburg, Beddington, Devereaux, 
Townships Nos. 18, 24, 25, 30 31, 36, 37, and E. half of 
35, 1 ; E. Machias, Machias-port, Whiting, Marion, Edmunds, 
Dennysville and Township N. 14, 1 ; Columbia, Harrington 
and Addison, 1 ; Jonesport, Jonesborough, Townships Nos. 
18, 19, 23, 26, Northfield, Wesley and Crawford, 1 ; Lubec, 
Trescott and Cutler, 1 ; Pembroke, Perry, Robbinston, Char- 
lotte and Meddybemps, 1 ; Baring, Baileyville, Alexander, 
Princeton, Topsfield and Cooper, together with all the town- 
ships and plantations in the county of Washington, not in- 
cluded in any other district, 1. 

County of Kennebec, 16, viz : — Augusta, 1 ; Hallowell, 1 ; 
Gardiner, 1 ; Vassalborough, 1 ; Waterville and Dearbon, 
1 ; Winthrop and Mt. Vernon, 1 ; Monmouth and Greene, 
1 ; Leeds and Wayne, 1 ; Readfield and Fayette, 1 ; Clin- 
ton and Clinton Gore, 1 ; China and Albion Gore, 1 ; Sid- 
ney and Rome, 1 ; Pittston, 1 for 1843, '4, '5, '7, '8, '9, 
and '50 ; Vienna, 1 for 1846 and '51 ; Albion, 1 for 1844, 
'6, '8 and 50 ; Windsor, 1 for 1843, '5, '7, '9 and '51 ; 
Litchfield, 1 for 1843, '4, '6, '7, '9 and '50 ; Wales, 1 for 



APPORTIONMENT OF REPRESENTATIVES 49 

1845, '8, and '51 ; Belgrade, 1 for 1843, '5, '7, '9 and '51 ; 
Winslow, 1 for 1844, '6, '8 and 50. 

County of Oxford. 12, viz : — Livermore, 1 ; Turner and 
Hebron, 1 ; Oxford and Norway, 1 ; Hartford, Canton and 
Peru, 1 ; Buckfield, Sumner and Township No. 2, 1 ; Paris 
and Woodstock, 1 ; Dixfield, Mexico and Rumford, 1 ; Beth- 
el, Greenwood and Albany, 1 ; Porter, Hiram and Brown- 
field, 1 ; Fryeburg, Lovell, Stow and Usher, 1 ; Waterford, 
Sweden and Denmark, 1 ; Andover, Newry, Gilead, Rox- 
bury, Byron, Fryeburg Acad. Grant, Batchelder's Grant, 
Riley, Howard's Gore, Hamlin's Grant, Township A. No. 
2, Township B, Township C, Andover N. Surplus, Town- 
ships Nos. 5, 2d R., 5, 1st R., and 4, 1st R., together with 
all the remaining territory in Oxford County, not included 
in any other district, 1. 

County of Somerset, 10, viz : — Hartland, Palmyra and 
Detroit; 1 ; Pittsfield, Canaan and Skowhegan, 1 ; St. Albans, 
Harmony, Cambridge and Ripley, 1 ; Norridgewock and 
Madison, 1 ; Athens, Cornville and Solon, 1 ; Fairfield and 
Bloomfield, 1 ; Starks, Mercer and Smithfield, 1 ; Bingham, 
Brighton, Moscow, Mayfield, Townships Nos. 1., 3d R, 1, 
4th R. 1, 5th R, E. of Kennebec river, Holden pi., No. 3d 
R., Canada line, Jackman's Township, Parlin Pond pi., Long 
Pond pi., and No. 5, 2d R. Canada Road, together with all 
the territory in Somerset county, not included in any other 
district, 1 ; Concord, Embden, Lexington, Townships Nos. 
l,2d R., W. of Kennebec river, 1, 2d R., Pleasant Ridge, 
1, 3d W. of Kennebec River, 1, 1, 4th R., Enchanted Stream 
Township, Spencer Stream Township, 2, 2d R., 4, 4th R., 
or- Flagstaff, 3, 3d R., and Canada Road, 1 ; Anson, 1 for 
1843, '4, '6, '8 and '50 ; New Portland, 1 for 1845, '7, '9 
and 51. 

County of Penolscot, 14, viz : — Bangor, 2 ; Hampden 
and Carmel, 1 ; Newburg, Dixmont and Plymouth, 1 ; Cor- 
inna and Dexter, 1 ; Etna, Newport and Stetson, 1 ; Cor- 
inth, Charleston and Bradford, 1 ; Exeter and Garland, 1 ; 
Oldtown, Argyle, Argyle pi. and Lagrange, 1 ; Hermon, 
Levant, Kirkland and Glenburg, 1 ; Orrington and Brewer, 
1 ; Orono, Bradley, Eddington and Jarvis Gore, 1 ; Burling- 
ton, Lowell, Enfield, Passadumkeag, Edinburg, Howland, 
Mattamiscontis, Chester, Maxfield, No. 3, No. 4, Greenbush 
and Milford, 1 ; Lincoln, Lee, Springfield, W. half No. 6, 



50 MAINE TOWNSMAN. 

R. 2d, W. half No. 7, R. 3d, unincorporated places N. of 
Lincoln, No. 1, Indian purchase, No. 2, Indian purchase, 
Hopkins' Acad, grant, Letter A and Patten, together with all 
the remaining territory in the County of Penobscot, not in- 
cluded in any other district, 1. 

County of Waldo, 13, viz : — Belfast, 1 ; Camden, 1 ; 
Frankfort, 1 ; Prospect, 1 ; Appleton, Liberty and Palermo, 
1 ; Hope and Searsmont, 1 ; Montville and Freedom, 1 ; 
Unity, Burnham and Knox, 1 ; Troy, Thorndike and Jack- 
son, 1 ; Belmont, Waldo pi. and Brooks, 1 ; Lincolnville 
and Northport, 1 ; Monroe and Swanville, 1 ; Islesborough 
and Vinal haven, 1. 

County of Piscataquis, 4, viz: — Sangerville, Parkman, 
Wellington and Kingsbery, 1 ; Guilford, Abbot, Greenville, 
Monson, Blanchard, Elliotsville, Shirley, Wilson, pi. No. 8, 
and Township No. 3, 3d R., together with the townships 
north of Greenville and Elliotsville, 1 ; Dover, Foxcroft, 
Atkinson and Bowerbank, together with the range of town- 
ships north of Bowerbank, 1 ; . Kilmarnock, Brownville, 
Barnard, Williamsburg, Milo, Sebec, Almond, Township B. 
10th R., together with all the unsettled townships north of 
Brownville, Barnard and Kilmarnock, 1. 

County of Franklin, 6, viz : — New Sharon, Industry and 
New Vineyard, 1 ; Farmington and Temple, 1 ; Wilton and 
Chesterville, 1 ; Jay, Carthage and W^eld, 1 ; Avon, Philips, 
Berlin, Madrid, Townships No. 3, 2d R., No. 2, 2d R., and 
Letter E, 1 ; Strong, Freeman, Salem, Kingfield, Townships 
Nos. 3 and 4, 2d R., 4, 1st R. Bigelow township, 1, 4th R., 
1, 3d R., 3, 1st R., 2 1st R., together with all the territory 
in Franklin county, not included in any other district, 1. 

County of A?*oostook,3, viz : — Hodgdon, New Limerick, 
No. 5, R. 3, No. 5, R. 4, No. 5, R. 5, and all towns, plantations 
and townships, south of the before mentioned towns and 
townships in the county, 1 ; Houlton, Belfast Acad. Grant, 
Smyrna, No. 6, R. 4, No. 6, R. 5, and all towns, plantations 
and townships north to the south line of the following town, 
and townships, to wit : Masardis, No. 10. R. 4, No. 10, R. 
3, Westfleld Acad. Grant, Deerfield Acad. Grant, and Mars 
Hill township, 1 ; all towns, plantations, townships, and ter- 
ritory, north of the south line of Masardis, No. 10, R. 4, 
No. 10, R. 3, Westfield Acad. Grant, Deerfield Acad. Grant, 
and Mars Hill township, to the north line of the county, 1. 



KEPRESENTATI VES TO CONGRESS. 



51 



CHAPTER XIV. 



THE ELECTION OF REPRESENTATIVES TO CONGRESS. 



1 Legislature to prescribe the time of 
elections. 

2. Representatives chosen biennially. 

3. Act of March, 1843. 

4. First congressional district. 

5. Second congressional district. 

6. Third congressional district. 

7. Fourth congressional district. 

8. Fifth congressional district. 

9. Sixth congressional district. 



10. Seventh congressional district. 

11. Representatives shall be residents. 

12. Day of election. 

13. Meetings ; how notified and con- 

ducted. 

14. If no choice. 

15. Vacancies. 

16. Neglect of town officers ; penalty. 

17. Form of the return. 

18. Chosen by plurality — qualifications. 



1. The times, places, and manner of holding elections for 
senators and representatives, shall be prescribed in each 
State, by the legislature thereof; but the congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing senators. Const. U. S. art 1, 

2. The house of representatives in the congress of the 
United States, shall be composed of members chosen every 
second year by the people of the several States ; and the 
electors in each State, shall have the qualifications requisite 
for the electors of the most numerous branch of the State 
legislature. lb. $ 2. 

3. The act, providing for the choice of representatives to 
congress, approved March 22, 1843, is as follows, viz : 

4. The county of York, together with the towns of Hiram, 
Denmark, Fryeburg, Lovell, Stow, Stoneham, Sweden, Por- 
ter, Brownfield, Waterford, Albany, Mason, Gilead, Bethel, 
Newry, Batchelder's Grant, Riley Plantation, Greenwood,. 
Norway, Oxford and Hebron from Oxford county, shall 
compose the first district, and be entitled to one represen- 
tative. 

5. The county of Cumberland shall constitute the second 
district, and be entitled to one representative. 

6. The counties of Kennebec and Franklin, except the 



52 MAINE TOWNSMAN. 

town of Greene, shall compose the third district, and be en- 
titled to one representative. 

7. The county of Lincoln, together with that part of Ox- 
ford not annexed to the first congressional district, with the 
town of Greene from Kennebec county, shall constitute the 
fourth district, and be entitled to one representative. 

8. The counties of Waldo and Somerset, except the town 
of Vinalhaven, shall compose the fifth district, and be enti- 
titled to one representative. 

9. The counties of Penobscot and Piscataquis shall con- 
stitute the sixth district, and be entitled to one representative. 

10. The counties of Hancock, Washington and Aroostook, 
with the town of Vinalhaven in Waldo county, shall con- 
stitute the seventh district, and be entitled to one represen- 
tative. 

11. The representatives, chosen in the several districts, 
shall, at the time of their election, be residents therein. 

12. The election shall take place and be on the second 
Monday of September, biennially. 

13. The selectmen of the several towns, assessors of the 
several plantations, and the municipal authorities of any 
city, shall cause the inhabitants of their several towns, plan- 
tations, and cities, duly qualified to vote for representatives 
in the State legislature, to assemble on said second Monday 
of September to give in their votes for representatives to 
the congress of the United States, to which the district, in 
which said town, plantation, or city may lie, may be entitled 
according to said act ; and said assessors, selectmen, and 
aldermen, or the major part of them, shall preside in said 
meetings, and in open meeting, count and sort the votes, and 
shall form a list of the persons voted for, with the number of 
votes for each person, written in words at length against his 
name ; and the town, plantation, and city clerk shall make 
record thereof, and said selectmen, assessors and aldermen, 
shall in such meeting, make public declaration of the per- 
sons voted for, and the number of votes they respectively 
have, and shall, in open meeting, seal up said list, certified 
by said selectmen, assessors and aldermen, and express 
upon the outside of said list, the district in which the votes 
were given, and shall transmit the same within forty days 
next after such meeting, to the secretary of State Acts 
1833 and 1843. 



REPRESENTATIVES TO CONGRESS 53 

14. In case there shall be no choice of the representative 
to which any district may be entitled, the governor shall 
cause precepts to be issued to the selectmen of the several 
towns, the assessors of the several plantations, and the mu- 
nicipal authorities of any city within such district, directing 
and requiring them to cause the inhabitants of such town, 
plantation, or city, qualified as aforesaid, to assemble as 
aforesaid, on a day, in such precept to be appointed, to give 
in their votes for representative, as aforesaid ; which pre- 
cept shall be accompanied with a list of persons voted for 
in said district, showing the number of votes for each per- 
son, according to the first return. And the same proceed- 
ings shall be had thereon, as before directed. And the votes 
given in on the second trial, shall be returned into the secre- 
tary's office, within the time limited in said precept. And 
the like proceedings shall be again had, in case any district 
shall fail on said second trial to elect the representative. 
And the like proceedings shall be had as often as occasion 
may require. lb. 

15. Whenever any vacancies shall happen in the repre- 
sentation of the State in congress, the governor shall cause 
precepts to issue as aforesaid, for assembling in town, city or 
plantation meetings, the qualified voters aforesaid, in the 
district to which the vacancy may happen, to give in their 
votes for a representative to supply such vacancy ; and like 
proceedings shall, from time to time, be had. lb. 

16. If the selectmen of any town, assessors of any plan- 
tation, or aldermen of any city, shall neglect to perform any 
of the duties required of them, each selectman, assessor, or 
alderman, so neglecting, shall forfeit a sum not exceeding 
two hundred dollars, nor less than thirty dollars, for any such 
neglect, to be recovered by indictment to the use of the 
State. lb. 

17. Form of the return : 

STATE OF MAINE. 

At a legal meeting of the inhabitants of the town of - 



in the county of , qualified by the Constitution to vote 

for representatives in the legislature of this State, on the 

second Monday of September, being the day of said 

month, in the year one thousand eight hundred and fifty- 



54 



MAINE TOWNSMAN 



- , the said inhabitants gave in their votes for a represen- 
tative to represent this State in the congress of the United 

States, for the congressional district ; and the same were 

received, sorted, counted and declared in open town meet- 
ing, by the selectmen who presided, and in presence of the 
clerk of said town ; and the selectmen, at such meeting, 
made public declaration of the persons voted for, and the 
number of votes they respectively had ; and the clerk formed 
a list of the persons voted for, and made a record as follows : 

For votes. 

For — votes. 

The whole number of votes given in for representative in 



at said meeting, was - 



Attest, 



A. 
C. 
E. 

Town Clerk. 



.?: 



Selectmen of 



18. Representatives to Congress are elected by plurality. 
Act 1847. They must be twenty-five years of age, and 
have been seven years a citizen of the United States ; and, 
when elected, an inhabitant of the State in which they shall 
be chosen. Const. U. S., Art. 1, Sect. 2. 



CHAPTER XVII. 

ELECTION OF REGISTER OP DEEDS, COUNTY TREASURER, AND 

OTHER COUNTY OFFICERS. 



1. Register of Deeds, when chosen. 

2. Meetings for the election of register. 

3. Vacancy. 

4. Registry Districts. 

5. County Treasurer when chosen. 

6. Meetings for the election of treasurer. 

7. Vacancy. 



8. County officers, when chosen. 

9. County Commissioners. 

10. Meetings for county officers. 

11. Vacancy. 

12. Chairman of Commissioners. 

13. Vacancies, how filled. 

14. County Commissioners chosen. 



1. In each county, and in each registry district, there 
shall be chosen by ballot, by such persons as are qualified to 
vote for representatives at town and plantation meetings, on 



COUNTY OFFICERS. 55 

the second Monday of September, and every five years 
thence following, some person to be register of deeds. R, 
S. c. 11, §2. 

2. The meetings shall be held, notified and regulated, and 
the votes received, sorted, counted, declared and recorded in 
the same manner as votes for representatives, and fair copies 
of the lists of votes shall be attested by the selectmen and 
clerks of towns, and assessors and clerks of Plantations, and 
sealed up in open town and plantation meeting ; and the 
town and plantation clerks, respectively, shall cause the 
same to be delivered into the office of the clerk of the coun- 
ty commissioners, on or before the first day of the meeting 
of said commissioners, next after the said month of Septem- 
ber, to be by them opened, and compared with the like 
returns from the several towns and plantations in such county, 
or registry district ; and the person having a majority of the 
votes shall be register of deeds, and shall hold his office for 
the term of five years, and until another shall be chosen and 
duly qualified. lb. § 3. 

3. When there shall be no choice of register of deeds, 
the county commissioners shall issue their warrants to the 
selectmen of towns and assessors of plantations to call meet- 
ings of the qualified voters, to vote for a register of deeds, 
and the votes shall be received, sorted, counted and certified, 
and the same proceedings be had as in section 2. lb. § 6. 

4. The registry districts referred to in section 1. of this 
chapter are as follows : 

All the towns in Lincoln County west of Kennebec River, 
the registry office being at Topsham. 

The towns of St. George, Thomaston, Gushing, Friend- 
ship, Warren, Union and Washington, in Lincoln county, 
the office being at Thomaston. 

The towns of Hiram, Porter, Brownfield, Denmark, Fry- 
burg, Sweden, Lovell, Stoneham and Stow, in Oxford 
county, the office being at Fryeburg. 

COUNTY TREASURER AlfD OTHER COUNTY OFFICERS. 

5. In each county, there shall be, annually, chosen on the 
second Monday of September, by the ballots of such persons 
as are qualified to vote for representatives, some person res- 
ident in such county, to be county treasurer. lb. c. 12, § 2. 



56 MAINE TOWNSMAN. 

6. The meetings for the election of county treasurer, shall 
be held, notified and regulated, and the proceedings thereon 
had as for the election of register of deeds. R. S. c. 11, § 3. 

7. If no person shall be elected, or if any person chosen, 
shall decline to accept the office, or in case of vacancy, the 
county commissioners shall appoint some person to be coun- 
ty treasurer. lb. § 5. 

8. There shall be chosen in each county, on the second 
Monday of September, one person for clerk of the courts^ 
one person for county attorney, who shall continue in office 
for three years each, and three persons for county commis- 
sioners. Act. 1842. 

9. The county commissioner having the highest number 
of votes shall be chosen for three years ; the next highest 
for two years ; and the next highest for one year ; and if 
any two or more commissioners have an equal number of 
votes, the governor and council shall designate which shall 
hold the longest term, and all vacancies shall be filled on the 
second Monday of September next preceding the expiration 
of office, with a person chosen for three years. lb. 

10. The votes shall be received, sorted, counted and de* 
clared, in like manner as votes for representatives, the names 
of persons voted for, and the number each person had shall 
be recorded by the clerk of the city, town or plantation ; 
and true copies thereof attested as votes for senators, shall 
be transmitted to the office of Secretary of State, within 
thirty days from said second Monday of September. lb. 

11. If no person shall be chosen, or the person chosen 
shall die or resign, or remove out of the county, the gover- 
nor and council shall appoint a suitable person to supply 
such vacancy. lb. 

12. The county commissioners in each county shall ap- 
point their chairman, at their first meeting, on or after the 
first of January of each year. lb. 

13. In all cases of election, when no choice has been ef- 
fected, or there is a vacancy, such vacancy shall be filled 
by the governor and council for one year. Act, 1842. 

14. When there shall be two or more vacancies in the 
office of county commissioners, and they are filled by elec- 
tion, the person having the highest number of votes shall 
hold for the longest period. lb. 



Elections in cities, 



57 



CHAPTER XVIII. 



elections in cities. 



J. Cities for elections, as towns. 

2. Duty of city officers. 

3. Voters meet in wardf. 

4. Warden pro tempore. 

5. Islands of Portland. 



6. Meetings on Islands. 

7. Separate ballots for representative!. 

8. When no choice is made. 

9. Lists of votea revised. 



1. For all the purposes of electing the governor, senators, 
or representatives to the State legislature, or any of the offi- 
cers except where other provision is expressly made, the in- 
habitants of any city shall remain and continue a town, and 
shall possess all the rights and powers and shall be subject 
to all the duties, liabilities and obligations of other towns. 
R. S. c. 6, § 35. 

2. The Aldermen of any such city shall be selectmen of 
said town, and the city clerk and assessors shall be town 
clerk and assessors for the purpose of such elections. The 
city constables shall be deemed constables of the town for 
notifying ward meetings and maintaining order therein. lb, 
§ § 36, 37. , 

3. The inhabitants of cities shall meet in ward meetings, 
to be notified and warned as town meetings. The warden 
shall preside, and the clerk shall make record. lb. § 38. 

4. If the warden be absent, or refuse or neglect to pre- 
side, a warden pro tempore, shall be chosen, during which 
choice the clerk of the ward shall preside ; and the warden 
elected pro tempore having accepted the trust, shall be duly, 
sworn, and have the power and perform the duties of war- 
den of such meeting, and be liable lo the penalties. lb. 
§39. 

5. The qualified electors of the ward composed of the 
islands within the city of Portland, may meet as above pro- 
vided in section third, and also for the choice of city officers, 
on either of said islands which a majority of such qualified 
voters may designate, at any meeting legally held for the 
purpose. lb. 40. 

6 



58 MAINE TOWNSMAN. 

6. The warden of the said islands ward shall preside impar- 
tially in such meetings, receive the votes of all the qualified 
voters present, sort, count and declare them in open meeting, 
and in the presence of the clerk, who shall make a list of the 
persons voted for with the number of votes for each person 
against his name, and the officers respectively, and in open 
meeting and in presence of the warden shall make a fair 
record thereof ; a fair copy of this list shall be attested by 
the warden and clerk, sealed up in open meeting, and de- 
livered to the clerk of ward No. 1 in said Portland, within 
eighteen hours after closing the polls, and the votes thus 
thrown shall be deemed as thrown in and belonging to the 
last mentioned ward. lb. § 41. 

7. In voting for representatives to the State legislature in 
the wards of any city, the names shall be on the same bal- 
lot with the other officers to be chosen at the meeting, unless 
the board of aldermen in their warrant notifying the meet- 
ing, shall require a separate ballot or ballots, which they are 
authorized to do. lb. § 42. 

8. When a choice of any such representative is not ef- 
fected, the aldermen shall call new meetings of the wards 
for the purpose, to be held at one and the same time, with- 
in two weeks after any former meeting, and the like pro- 
ceedings shall be had at such meetings as at the time first 
appointed, until a choice be effected. lb. § 43. 

9. It shall be the duty of the aldermen, Qn all days of 
election, for which a list of qualified voters is required, to 
be in session, at some central and convenient place, from 
nine o'clock in the forenoon until one in the afternoon, and 
notice of such place shall be given in the warrant for calling 
the meeting for such election, for the purpose' jof receiving 
evidence of the qualification of voters, whose names have 
not been entered on the list : and on satisfactory evidence 
being produced by any inhabitant, the aldermen shall deliver 
to such inhabitant a certificate under their hands, directed to 
the warden of the proper ward, requiring him to enter the 
name of such person upon his ward list ; and the warden 
shall thereupon add the name of such person to his list, and 
receive his vote ; and for this purpose any number of alder- 
men not less than three shall be a quorum. lb. § § 44, 45. 



ELECTIONS IN PLANTATIONS. 



59 



CHAPTER XIX. 



ELECTIONS IN PLANTATIONS. 



L Plantations, for elections, regulated 
like towns. 

2. Mode of organization. 

3. List of voters. Meeting called. 

4. Duty of assessors and clerks. 

5. Annual meeting ; when held. 



6. Such plantation may be set off. 

7. Surveyors of lumber and fence view- 

ers. 

8. Constables of plantations. 

9. Collector of taxes. 

10. School district meetings. 



1. The regulations in reference to towns and town officers 
shall be applicable to organized plantations, and their offi- 
cers ; and the assessors of any such plantation shall, for the 
purposes of elections, be considered as selectmen, and liable 
to the same duties, under the like penalties. R. S. c. 6, § 34. 

2. Any three or more inhabitants of any unincorporated 
place, may apply in writing to one or more county commis- 
sioner in the county, who shall issue his warrant to one of 
said applicants to notify and warn a meeting of the electors 
of said place, within limits prescribed in such warrant, at 
some specified central place, by posting notice thereof, and 
of its object, in two or more public places therein, seven 
days before the meeting. A moderator shall be chosen by 
ballot ; also three assessors and a clerk by ballot, who shall 
be sworn by the moderator, or a justice of the peace. The 
limits of such plantation shall be described by said assessors, 
and forwarded to the secretary of State, and by him record- 
ed. Act, extra session, 1840. 

3. Said assessors shall make out, and post an alphabetical 
list of qualified voters, in two or more public places, seven 
days before the election. They shall call a meeting of the 
inhabitants, at some convenient and central place, to be 
designated in the warrant, by posting notice seven days be- 
fore election. The assessors shall be in session in some 
convenient place, designated in the warrant, to receive evi- 
dence of the qualifications of voters, and to amend their list. lb. 

4. Said assessors shall preside at the meeting, receive, 



gO MAINE TOWNSMAN. 

sort, count and declare the votes in open meeting, in the 
presence of the clerk, who shall record the same in pres- 
ence of the assessors in open meeting, and make out fair 
copies of the list of votes and the names of the voters, to be 
attested by the assessors and clerk, sealed up in open meet- 
ing, and delivered within the prescribed time, to the proper 
authorities. Votes, so thrown, shall be received and allowed, 
as votes thrown in any town in said class or county. lb. 

5. The meetings of any plantation, so organized, shall be 
called and held, annually, in March or April, as in towns, 
and the officers of such plantation, shall be liable to all the 
penalties that selectmen and clerks of towns are. The voters 
shall be liable to like penalties. lb. 

6. The county commissioners, in the county in which 
any such plantation has been organized, may, after notice, 
set off any part of such plantation^ and annex the same to 
any other plantation, or cause „such part of a plantation to be 
organized into a new plantation. • Act, March, 1842. 

7. The inhabitants of any organized plantation, may, by 
vote at the annual meeting, choose one or more surveyors of 
lumber, and two or more fence viewers. Act, 1843. 

8. Plantations are authorized, at their annual or any 
special meeting called for that purpose, to elect a constable 
or constables, with the same powers and liabilities as in 
towns. Act, 1846. 

9. All plantations organized for election purposes only, 
shall have power to choose one collector of taxes for each 
plantation, and all school district officers that incorporated 
towns are entitled to ; who shall have the same power, and 
be under the same restrictions that such officers are, in in- 
corporated towns. Act, 1849, § 1. 

10. All school district meetings shall be called by the as- 
sessors of the plantation, on the written application of three 
or more of the legal voters of such district, stating the rea- 
son and object of their proposed meeting, and at such meet- 
ing the inhabitants of said district shall have power to raise 
money, to hire, buy or build a suitable school house, for the 
benefit of the district, and shall likewise have power to raise 
money for the support of schools. lb. § 3. 



RETURNS OF VOTES. gj 



CHAPTER XX. 
RETURNS OF VOTES. 



1. Clerks to transmit returns to secre- 

tary. 

2. Failure to receiye returns. 

3. Original returns, when lost. 

4. Returns authenticated. 



5. Returns sealed and returned. 

6. Form of return for Governor. 

7. For members of congress. 

8. For Senators. 

9. Returns additional. 



1. The clerks of the several towns shall deliver, or cause 
to be delivered, at the office of the secretary of State, the 
returns of votes, given in their respective towns, for gover- 
nor, senators, representatives to Congress, and electors of 
President and Vice President, within thirty days next suc- 
ceeding any meeting for the election of such officers, or shall 
deposit the same in some post office in the State, directed to 
the secretary of State, within fourteen days after such meet- 
ing, to be transmitted by mail. R. S. c. 6, § 28. 

2. If any such return shall not have been received by the 
secretary of State, within thirty days next succeeding such 
meeting, the secretary shall forthwith notify the county at- 
torney of the county, who shall give immediate notice there- 
of to the clerk of such town, and, unless he receives satis- 
factory evidence that said clerk has complied with the re- 
quirements of the preceding section, it shall be his duty to 
prosecute for the penalty herein provided. lb. § 29. 

3. Whenever any such original return shall be lost or des- 
troyed, the selectmen and clerk of such town, on receiving 
information of such loss or destruction, shall forthwith cause 
a copy of the record of the meeting at which such vote was 
given, to be made, with their certificate upon the same sheet, 
that the same is a true copy of the record ; that it truly ex- 
hibits the names of all the persons voted for, for the offices 
designated, and the number of votes given to each at such 
meeting, and that said copy contains all the facts wh ch were 
stated in the original return. lb. § 30. 

4. The selectmen and town clerk, who were present at 



g2 MAINE TOWNSMAN. 

the meeting, and signed the original return, shall sign the 
certificate mentioned in the preceding section, designating 
their office against their names, as in the original return, and 
shall make oath that said copy and original are true, before 
some justice of the peace of the county, who shall make cer- 
tificate of such oath on the same paper. lb. § 31. 

5. Such copy and certificates shall then be sealed and di- 
rected to the secretary of State, with the nature of the con- 
tents written on the outside, and the clerk of such town shall 
cause the same to be delivered into the office of the secreta- 
ry of State as soon as may be. lb. § 32. 

6. The form of the return of votes for governor : 

At a legal meeting of the inhabitants of the of - 



in the county of , qualified as the constitution requires 

to vote for governor, held on the second Monday of Septem- 
ber, being the day of said month, in the year of our 

Lord , the said inhabitants gave in their votes for a 

governor, and the same were received, sorted, counted and 

declared in open meeting, by the who presided, 

and in presence of the clerk, who formed a list of the 

persons voted for, and made a record thereof, as follows : 
For 

A. B. \ 

CD. > Selectmen of . 

E. F. j 
Attest, A. B., Clerk. 

7. The return of votes for representative to Congress. 
See c. 16, § 17. 

8. The return of votes for senators may be the same as 
for governor, with the necessary variations. 

9. In addition to the official returns of votes required as 
above, it shall be the duty of each of the clerks of towns 
and plantations, as soon as practicable after any election for 
governor, senators, representatives to the legislature, repre- 
sentatives to congress, electors of president and vice presi- 
dent of the United States, and county officers, to forward to 
the office of the secretary of state a statement, attested by 
said clerk, of the number of votes for the several officers at 
such election, which statement shall be opened and filed by 
the Secretary of State, and preserved for the examination of 
the public. Act 1848. 



ELECTION OF ELECTORS. $3 



CHAPTER XXI. 
OF ELECTORS OF PRESIDENT AND VICE PRESIDENT. 



7. Votes counted — vacancies. 

8. Duty of electors. 

9. Their compensation. 

10. Blank forms. 

11. Liabilities of selectmen. 



1 Day of choosing electors. 

2. Meetings notified. 

3. Vote by ballot. 

4. Return of votes. 

5. Form of return. 

6. Same subject. 

1. The electors of President and Vice President shall be 
appointed in each State, on the Tuesday next after the first 
Monday in the month of November, of the year in which 
they are to be appointed. The State may, by law, provide for 
filling vacancies. When any State fails to make a choice 
at an election, the electors may be appointed on a subse- 
quent day, in such manner as the State shall provide. Act 
of Congress, 1845. 

2. On the above day of the year when the election of 
president and vice president is to be made, the people of 
this State qualified to vote for senators in its Legislature, 
shall assemble in town, plantation, city or ward meeting, to 
be notified, held and regulated in the manner prescribed by 
the constitution and laws for the election of senators. Act, 
1847. 

3. Each voter shall bring in on a single ballot the names 
of the whole number of electors to which this State may be 
then entitled, or of so many of them as he may determine 
to vote for. lb. 

4. The votes shall be sorted, counted, declared and re- 
corded, and the returns of the number of ballots, and of the 
votes given for the respective electors, shall be in conformi- 
ty to the requirements of the constitution and laws respect- 
ing the election of senators, and shall be made to the secre- 
tary of State on or before the second Tuesday after such 
meeting. lb. 

5. Form of return: 

At a legal meeting of the inhabitants of the town of 



(J4 MAINE TOWNSMAN. 

in the county of , qualified to vote for electors of Presi- 
dent and Vice President of the United States, held on Tues- 
day, the day of November, A, D., 18 — , the said in- 
habitants gave in their votes for such electors, and the same 
were received, sorted, counted and declared in open town 
meeting, by the selectmen who presided, and in presence of 
the town clerk, who formed a list of the persons voted for, 
and made record thereof, with the number of votes for each 
person on said list, against his name, as follows : 

For A. B. votes. 

u C. D. votes. 

Signed, G. H. 1 

H. I. > Selectmen of . 

O. B. ) 
Attest, G. H., Town Clerk. 

6. The returns from the cities and plantations, shall be in 
similar form, varying as their different organizations may 
require. 

7. On the second Tuesday after such meeting the govern- 
or and council shall be in session, and shall examine and 
count the returns of votes, and the secretary of State shall 
transmit to each of such persons as shall have received the 
greatest number of votes, not exceeding the number by this 
act required to be then chosen, a certificate of his election. 
If there is no choice, the governor shall call the legislature 
together forthwith ; and the legislature shall, by joint ballot 
choose as many electors as shall be necessary to complete 
the number to which this State may then be entitled. Act. 
1847. 

8. The electors so chosen shall convene in the senate 
chamber, at Augusta, on the Tuesday, preceding the first 
Wednesday of December next after their election ; and in 
case any elector so chosen shall not be present, the electors 
then present shall, by a majority of votes, forthwith elect 
the requisite number of persons suitably qualified to supply 
such deficiency. They shall, on the first Wednesday of 
December, vote by ballot for president and vice president of 
the United States ; one of whom, at least, shall not be an 
inhabitant of this State ; they shall make and subscribe three 
certificates of all the votes by them given, each of which 
certificates shall contain two distinct lists, one of the votes 



ELECTION OF E LECTORS. g5 

given for president, and the other of the votes given for vice 
president ; they shall seal up the same and certify on each 
certificate that a list of votes of the state of Maine for 
president and vice president of the United States is contained 
therein ; the said electors shall also under their hands ap- 
point a person to take charge of one of the said certificates 
and deliver the same at the seat of government of the United 
States, to the president of the Senate of the United States, 
before the first Wednesday of January ; they shall forward 
by the post-office forthwith one other of the said certificates 
directed to the president of the same senate at the seat of 
government ; and they shall forthwith cause the other of the 
said certificates to be delivered to the judge of the district 
court of the United States for the district of Maine. lb. 

9. The said electors shall receive such compensation for 
their travel and attendance as the members of the legisla- 
ture, lb. 

10. The secretary of state shall procure blank returns of 
the proper form, for such cities, towns and plantations, and 
furnish the several clerks thereof with the same, at least 
thirty days before the day for the election of electors by the 
people of this state as aforesaid. lb. 

11. All laws in force, not inconsistent with the provisions 
of the above act, in relation to the duties of city, town and 
plantation officers and of voters in the election of governor, 
senators and representatives to the legislature of this State, 
shall apply and be in force, in regard to the meetings and 
elections to be held, and the returns to be made, under the 
provisions of this act ; and the like penalties shall be incur? 
red for the violation thereof. lb. 



66 



MAINE TOWNSMAN. 



CHAPTER XXII. 



GENERAL PROVISIONS. 



1. Neglect of duty of town officers ; 

penalty. 

2. False certificates ; penalty. 

3. Official acts and neglects -, when 

punished. 

4. Military parades forbidden. 

5. Illegal voting. 

, 6. Betting on elections. 



7. Mayors and town treasurers may 

sue. 

8. Goods forfeited. 

9. Conveyances void. 

10. Bribery at elections, 

11. Election not invalid by illegal votes. 



1. If any selectman, or other town, city or plantation offi- 
cer or any selectman or other officer chosen pro tempore, 
shall willfully neglect or refuse to perform any of the duties 
required of him, or shall willfully authorize, or permit to be 
done any thing prohibited by the constitution of this State, 
or by law, he shall forfeit for each offense not less than fifty 
nor more than five hundred dollars, to be recovered by in- 
dictment, to the use of the State, and be imprisoned not more 
than nine months, nor less than three months, or either. 
B,. S. c. 6, §53. If the proper officers neglect to issue their 
warrant required by law, for any meeting for the choice of 
state or county officers, or representatives to the legislature, 
or to congress, or electors of president or vice president, 
they shall forfeit the sum of fifty dollars each, to the city, 
town or plantation wherein the neglect occurred. The fine 
shall be recovered in an action of debt, to be prosecuted by 
the treasurer of the city, town or plantation ; or by any citi- 
zen thereof when the treasurer shall be a member of the de- 
linquent board. If any constable or other person, when le- 
gally required, shall neglect to summon the qualified voters 
of any city, town or plantation, to assemble at any meeting 
for the choice of any officers mentioned, or to make due re- 
turn of the warrant under which such service was performed, 
he shall forfeit the sum of twenty-five dollars, to the city, town 
or plantation , for each and every such neglect ; to be recov- 
ered as is provided above. Any city, town or plantation offi- 
cer, who shall neglect to perform any duty which he is by law 



GENERAL PROVISIONS. (fl 

required to perform, shall forfeit a sum not exceeding twen- 
ty dollars, for every such neglect, to be recovered in the 
manner, and to the uses provided in the first section of this 
act ; provided, that this section shall not apply to any ne- 
glects for which a penalty is provided by any law now in 
force. Act 1846, § 1,2,3. Selectmen are liable in an 
action for damages, for refusing to receive the vote of a 
qualified voter, although not chargable with malice. 2 Mass. 
R. 236, 244. 11 ib.,350. 12 Pick R. 485, 487. 23 ib. 308, 
310. 

2. Any such selectman, or other officer, whether perma- 
nent or pro tempore, who shall make any false certificate, 
and make oath to the truth thereof, shall be punished as for 
perjury, and be also disqualified from holding office for ten 
years. R. S. c. 6, § 59. i 

3. In no case shall any officer of any city, town, or plan- 
tation, incur any punishment or penalty, or suffer in damages 
by reason of his official acts or neglects, unless the same 
shall be unreasonable, corrupt, or willfully oppressive ; pro- 
vided, that the neglect to prepare the list of voters, to de- 
posit it in the town clerk's office, or to post it, or to call city, 
town, or plantation meetings for elections, or to cause re- 
turns of votes, or copies thereof to be delivered into the 
office of the secretary of State, or to make the records by law 
required, shall be deemed unreasonable, unless the contrary 
be make to appear. Ib. § 62. 

4. If any officer of the militia shall parade his men, or 
exercise any military command on any day of election of 
any public officer, he shall forfeit for each offense not less 
than ten dollars, nor more than three hundred dollars, the 
penalty to this and the preceding section to be recovered by 
indictment, one half to the use of the State, the other half 
to the use of the complainant. Ib. § 64, 65. 

5. If any person shall knowingly give in his vote in any 
city, town, or plantation, where he has no legal right to do 
so, such person shall be liable to indictment therefor in eith- 
er judicial court, and be punished by imprisonment not less 
than three months nor more than one year. Act, 1842. 
But the indictment cannot be sustained unless the meeting 
was called in the manner prescribed by statute. 

6. Any person or persons, who shall bet or wager any sum 
or sums of money upon any election, shall forfeit a sum or 



68 MAINE TOWNSMAN. 

sums equal to the sum or sums that he or she shall so bet or 
wager, to the use of the city, town, or plantation, in which 
the person or persons so betting or wagering shall reside. 
Act, 1841. 

7. It shall be the duty of the mayors of the cities and the 
treasurers of towns and plantations, to sue for and recover 
any sum or sums which may be so forfeited. lb. 

8. Any goods, chattels or personal estate betted or wager- 
ed upon any elections, shall be forfeited to the use of the 
city, town, or plantation. lb. 

9. All conveyances of real estate made in pursuance of 
wagers shall be void. lb. 

10. If any person shall, by bribery, menace, willful false- 
hood, or other corrupt means, directly, or indirectly, attempt 
to influence any elector of this State, in giving his vote or 
ballot, or to induce him to withhold the same, or disturb or 
hinder him in the free exercise of the right of suffrage, he 
shall, on conviction thereof, be deemed guilty of a misde- 
meanor, and be fined, not more than five hundred dollars, 
or be imprisoned for a term not exceeding one year, or both, 
and shall be also ineligible to any office for the term of ten 
years. R. S. c. 6. § 66. 

11. It is not a valid objection to an election that illegal 
votes were received, if they did not change the majority. 21 
Pick. R., 148. 



TITLE III. 

TAXES. 



Chapter 23. Persons and property liable to taxation, and 

exempted therefrom. 
Chapter 24. Where and to xvhom persons and property 

shall be taxed. 
Chapter 25. Valuation and invoice. 
Chapter 26. Taxes in unincorporated places. 
Chapter 27. Appraisal and taxable property and tax table. 
Chapter 28. Assessors of town taxes. 
Chapter 29. Assessment of taxes in plantations. 
Chapter 30. Supplementary assessments and abatements. 
Chapter 31. Collector of taxes. 
Chapter 32. Distress and commitment for non-payment of 

taxes. 
Chapter 33. Unpaid taxes on real estate. 
Chapter 34. Act regulating collection of taxes, passed 

March, 1844. 
Chapter 35. Executions and warrants of distress. 
Chapter 36, Town treasurer when collector of taxes. 
Chapter 37. General provisions. 



CHAPTER XXIII. 

PERSONS AND PROPERTY LIABLE TO TAXATION AXD EXEMPTED 
THEREFROM. 



1. Male poll*. 

2. Real estate. 

3. Personal property. 

4. Railroad property. 

5. Persous and property exempted from 

taxation. 
G. Inhabitants of islands. 



7. Property, how stated. 

8. Real estate includes buildings. 

9. Depot of a railroad company not 

taxable. 

10. Literary Institutions. 

11. Personal property. 



_ 1. The assessors shall assess on the taxable polls one 
eighth part of the whole amount to be assessed, provided each 



70 MAINE TOWNSMAN. 

poll-tax shall not exceejd one dollar. If, by such proportion, 
it shall exceed one dollar, it shall be reduced to that sum : 
and the highway taxes shall be assessed in the same pro- 
portion on each poll tax. Act April, 1845, ch 159. 

2. All real estate owned or possessed by any inhabi- 
tant, either in his own right, or the right of others, im- 
proved, or not improved, except pews in houses of public 
worship, whether owned by residents or others, on the first 
of May, is liable to be taxed, according to the just value 
thereof. lb. 

3. The personal estates of persons liable to taxation, in- 
clude 

First. All goods and chattels, monies and effects. 

Second. All ships and vessels, at home or abroad. 

Third. All obligations for money or other property. 

Fourth. Money at interest, and debts due more than the 
person is indebted for. 

Fifth. All public stocks and securities. 

Sixth. All shares of monieel corporations, in or out of the 
State. 

Seventh. All annuities payable to the person to be taxed, 
when the capital of such annuity is not taxed in the State. 

Eighth. All other property included in the last preceding 
State valuation for the purposes of taxation, lb. 

4. All the real estate of any railroad company shall bo 
taxable to said corporation by the several cities, towns and 
plantations, where the same is situated. The track of any 
railroad and the land on which it is constructed shall not be 
deemed real estate. The shares are taxable as personal 
property. lb. 

5. The following persons and property shall be exempt 
from taxation, to wit : 

First. The property of the United States and of this 
State. 

Second. The property of all literary, scientific, benevo- 
lent and charitable institutions incorporated by the State, 
except the real estate of literary institutions. See sec- 
tion 10. 

Third. The household furniture of each person not exceed- 
ing two hundred dollars to any one family ; also his wearing 
apparel, farming utensils, and mechanic's tools necessary for 



PERSONS AND PROPERTY TAXED. 7J 

carrying on his business ; also musical instruments not ex- 
ceeding in value $15,00 to any one family. 

Fourth. All houses of religious worship, and pews and 
furniture within the same, and all tombs and rights of burial. 

Fifth. All mules, horses, neat cattle, swine and sheep less 
than six months old. 

Sixth. The polls and estates of all Indians, and the polls 
of persons under guardianship. 

Seventh. The polls and estates of all persons who by 
reason of age, infirmity and poverty, may, in the judgment 
of the assessors, be unable to contribute to the public charge. 

6. Inhabitants of the islands where there are no roads, 
may be exempted from the highway tax. 

7. All property in this State, liable to taxation, included in 
the foregoing classes, should be stated specifically. 

8. Real estate, for the purposes of taxation, includes all 
lands and buildings erected thereon, or affixed to the same. 

9. Real estate owned by a railroad corporation as a de- 
pot, is not taxable otherwise than as personal property, un- 
less the legislature shall prescribe differently. 21 Maine R. 
533. 

10. All real estate belonging to literary institutions, not 
exempted by the " articles of separation," except their acad- 
emy and college buildings and the lots on which they are 
erected, shall be liable to be taxed for all purposes and in the 
same manner as other real estate is now taxed under exist- 
ing laws. Act 1849. 

11. All goods, wares, merchandize or other personal 
property, which, on the first day of May of each year, shall 
be within this state for the purpose of sale, and owned by 
persons residing out of the State, shall be liable to be taxed 
to the person or persons having the same in possession, for 
the purpose of sale. Act 1849. 



7-2 MAINE TOWNSMAN 



CHAPTER XXIV. 

WHERE AND TO WHOM PERSONS AND PROPERTY SHALL BE TAXED. 

1. Persons taxable i Lie. LSI Shares not taxable to owners. 

irfcene sitnato. I 13. Liability of persons to be taxed. 

3L atn^Mitg tawaMf. H ; :e re their home ; 14. Bl .regions in Massachn- 

is. setts 

rssment of personal property. 15. Personal property pledged. 

5. i .. Restate. 16. Toll br 

.: cattle tax; vned. 

7.1 IS. Partners. 

8. Lands taxed to ditm m fnant3. 11 bridges. 

9. P^ ii separately. 90k Manufacturing corporations. 

10. Lands taxed to & i admin- ! 21. Same tax not to be paid twice. 

istntfMB, of hriBB or de vi a e o s. ods taxed where kept. 

11. Stock in corporations, taxed to cox- 1 23. Domicil and habitation. 

porations. 

1. Every perse be assessed in the town, city or 

plantation, where he shall be an inhabitant, on the lirst day 
of May. in each year, except in cases otherwise provided for 
bylaw. Ac: 1S45. c. 159. $ 9. 

"2. All taxes on real estate shall be assessed in the town 

lb. 

3. No perse be taxed in any place, by reason of his 
residing there as try seminary. lb. 

4. All personal properly- shall be assessed to the owner, 
the town where he shall be an inhabitant on the Gist da j 
May in each yea:. ithin or without the St 
except : -. viz : 

First — AU goods, wares and merchandise: all logs, tim- 
ber, boards, and other lumber, or any stock in trade, includ- 
ing stock employed in the business of any of the mechanic 
arts, in any city, town or plantation within the State, other 
than where the owners reside, shall be taxed in such city, 
town or plantation, if the owners occupy any store, shop, 
mill or wharf therein, and shall not i here the 

owners i 

Svc:::ily — All machinery employed in any branch of 
manufacture, and all goods manufactured or unman 
belonging to any t :ion, and all real e 



PERSONS AND PROPERTY TAXED. -3 

ing to any corporation, shall be assessed to such corporation 
in the town or other place where such real estate or ma- 
chinery and goods are situated or employed ; and in assess- 
ing the stockholders for their shares in any such corporation, 
their proportional part of the value of such machinery, 
goods and real estate, shall be deducted from the value of 
such shares. 

Thirdly — All mules, horses, neat cattle, sheep and swine, 
shall be taxed in the town where they are kept on the first 
day of May in each year, to the owner or person who has 
them in possession at that time. Provided that all such ani- 
mals, which may be in any other town than that in which the 
owner or possessor resides, for the purpose of pasturing or 
any other temporary purpose, on said first day of May, shall 
be taxed to such owner or possessor in the town where he 
resides : and all such animals, which may be out of the 
State, or in any incorporated place within the State, on said 
day of May, for any purpose whatever, and being owned 
by or in charge and possession of any person residing in any 
incorporated city, town or plantation in this State, shall be 
taxed to such owner or possessor in the city, town or planta- 
tion where he resides. 

Fourthly — All personal property belonging to minors un- 
der guardianship, shall be assessed to the guardian in the 
place where he is an inhabitant : and the personal property 
of all other persons under guardianship, shall be assessed to 
-ruardian in the town where the ward is an inhabitant. 
Fifthly — All personal property held in trust by an execu- 
tor, administrator or trustee, the income of which is to be 
paid to any married woman or other person, shall be asses- 
sed to the husband of such married woman, or to such other 
person, respectively, in the place of which he is an inhabi- 
tant. But if such married woman, husband or other person 
reside out of the State, the same shall be assessed to such 
executor, administrator or trustee, in the place where he re- 
sides. 

Sixthly — Personal property placed in the hands of any 
corporation as an accumulating fund, for the future benefit 
of heirs or other persons, shall be assessed to the person for 
whose benefit the same is accumulating, if within the State, 
otherwise to the person so placing it, or his executors or ad- 
ministrators, until a trustee shall be appointed to take charge 



74 MAINE TOWNSMAN. 

of such property or the income thereof — then to such trus- 
tee. 

Seventhly — The personal property of deceased persons, 
which shall be in the hands of their executors or administra- 
tors, not distributed, shall be assessed to the executors or ad- 
ministrators in the town where the deceased person last dwelt, 
until they shall give notice to the assessors that said property 
has been distributed and paid over to the persons entitled to 
receive it. 

Eighthly — All property held by any religious society, as 
a ministerial fund, shall be assessed to the treasurer of such 
society ; and if it be real estate, it shall be assessed in the 
town where it is situated ; and if it consists of personal prop- 
erty, it shall be assessed in the town where such society 
usually hold their meetings. 

When personal property is mortgaged, it shall, for the pur- 
pose of taxation, be deemed the property of the party who 
has it in possession. Act 1845, § 12. 

5. Every freeholder, or tenant, may be taxed for real es- 
tate in his possession, and may require his landlord, the own- 
er or agent of such estate, to reimburse half of such sum, un- 
less otherwise agreed between them. lb. § 8. 

6. Every owner of mules, horses, sheep over the number 
of twenty, or neat cattle, shall be taxed therefor in the place 
wherein he may be an inhabitant on the first day of May, 
notwithstanding such animals may have been kept in other 
places. 

7. When the city of Portland, or the town of Eastport, 
shall impose a tax on dogs, the assessors may assess upon 
each inhabitant owning or keeping a dog in the same, three 
dollars. R. S. c. 14, § 50. 

8. Improved lands may be assessed to the tenant or own- 
ers, and all real estate made personal by statute, may be taxed 
to the tenant or owner in the town where they are situate, 
whether living in the State or not. lb. § 51. 

9. When any tax shall be assessed on lands either by the 
legislature or county commissioners, or by the assessors of 
any town or plantation, and such lands are owned by more 
than one person, whether deemed to be held in common and 
undivided, or in severalty, any person may furnish the collect- 
or or treasurer to whom the tax is to be paid, with an accu- 
rate description of his part of said land, if held in severalty, 



PERSONS AND PROPERTY TAXED. 75 

or the amount of his interest in said land, if held in common, 
and pay such collector or treasurer his proportion of said 
tax. lb. § 51. 

10. When the owner of any lands has died seized there- 
of, and they have not been distributed among the heirs, or 
are not taken possession thereof by the devisees thereof, the 
assessors of the place where the lands lie, may assess any 
legal taxes on said lands, to the executors or administrators 
of the deceased, or to the heirs of the devisees. Act, 1845. 
lb. § 52. 

11. The buildings, lands, and all other property not ex- 
empt from taxation, belonging to any corporation for manu- 
facturing, made personal by the act, and all stock employed 
in factories, shall be taxed in the place where said corpora- 
tions are established, and where said stock is manufactured, 
to said corporations, or to any person in possession of the 
same ; and a lien shall be had on the same for one year 
after the tax is assessed, for the payment of the same, with 
a right to sell the same for the payment of taxes.. Act, 1843. 

12. When the property of a corporation is taxed to a cor- 
poration, the shares in such corporation shall not be taxed to 
the stockholders. lb. See section 4th of this chapter, second 
exception. 

13. If a person having his home in a town, leaves for 
health or business for an uncertain time, intending to return, 
he is liable to be taxed in such town ; but not if he left town 
without intention to return. 1 Metcalf R. 246. 

14. Stock in monied corporations in Massachusetts is lia- 
ble to be taxed there. Mass. R. S. c. 7, § 4. 

15. Personal property mortgaged or pledged, is taxable to 
the party in possession. 

16. Toll bridges in New Hampshire, belonging to a cor- 
poration, are taxed to the corporation. 8 N. H. R. 207. 

17. Betterments on lands owned by the trustees of any 
literary institution, shall be deemed to be personal property 
for the purpose of taxation, and shall be liable to be taxed 
to the tenant or owner in the town or plantation in which the 
same may lie. Provided that this act does not apply to sites 
of any literary institution. Act March 24, 1843. 

18. Partners in business, may be jointly taxed under their 
partnership name, in the town where their business is carried 
on. Act, 1845. 



76 MAINE TOWNSMAN. 

19. Toll bridges are not deemed to be real estate in the 
towns in which they are situated, for the purposes of taxation, 
but the stock in them shall be taxed as personal property in 
the towns where the owners reside. Act. July 10, 1846. 

20. The merchandise of a manufacturing corporation, em- 
ployed in trade in a store, is not taxable to the corporation, 
in the town where the store is situated, but to the individual 
holders of the stock, where they live. 5 Maine R., 133. 

21. No person can be holden to pay for his poll, or for 
the same estate, any State or town tax, but in one town dur- 
ing any one year. 4 Mass. R., 534. 

22. If any person have a store in any town other than 
that in which he dwells, where he sells goods, or in which are 
deposited goods which are sold by him, it is such a use and 
improvement of the goods in the town where they are kept 
as will render the owner liable to taxation for them there, 
and not in the town where he dwells. 12 Mass. R. 161. 7 
Mass. R., 236. 

23. A person's home or domicil is his habitation fixed in 
any place, without any present intention of removing there- 
from. The term inhabitant means something more. It 
means one who, being a citizen, dwells, or has his home, in 
some particular town where he has municipal rights and du- 
ties. A person, having a family, will not be considered as 
having changed his domicil by removing into another town, 
until he removes his family. The election to pay taxes in 
one town rather than another does not of itself determine 
habitancy. Where a person lives occasionally in two differ- 
ent towns, removing with his family, at certain seasons of the 
year, alternately from one town to another, it has been held 
in Massachusetts that his domicil is in that town where he ex- 
ercises municipal rights. 



VALUATION AND INVOICE. 



77 



CHAPTER XXV. 



VALUATION AND INVOICE. 



1. State valuation. 

2. Notice by assessors to bring in lists. 

3. Form of notice. 

4. Consequence of not bringing in lists. 

5. Assessors may require oath. 

6. Form of oath. 

7. Valuation to be recorded. 

8. Valuation to be signed. 

9. Refusal to give in valuation — effect. 



10. Oath of assessors before taking val- 

uation. 

11. Refusal of assessors to take the 

oath. 

12. How taxes shall be apportioned. 

13. Cashiers' returns to assessors. 

14. Returns may be sent by mail. 

15. Neglect to make returns. 

16. Remedy for over-valuation. 



1. A State valuation shall be taken once in ten years. — 
Const, art. 9, § 7. 

2. The assessors of each town, a convenient time before 
making any assessment, shall give reasonable notice, in 
writing, to the inhabitants, by posting up notifications, in 
some public place in the town, or notify the respective in- 
habitants in such other way, as the town may, at its annual 
meeting, direct, to make and bring in to them, true and per- 
fect lists of their polls and all their estates, real and personal, 
not by law exempted from taxation, which they were pos- 
sessed of at such periods as the legislature may from time 
to time order and direct. R. S. c. 14, § 17. 

3. Form of notice, as above provided : 



-, and persons liable 



To the inhabitants of the town of - 
to be assessed therein : 

You are hereby notified that the subscribers will be in ses- 
sion at , in said town, on , the day of — — 

next, at o'clock in the noon, for the purpose of re- 
ceiving true and perfect lists of the polls, and all the estates, 
real and personal, not by law exempted from taxation, w T hich 

you were possessed of in said town of , on the first 

day of May last past ; which account you are required to 
bring in. A. B. \ 

C. D. > Assessors of , 

E. F.j 



78 MAINE TOWNSMAN. 

4. If any person, after such notice, shall not bring in such 
lists, he shall be thereby barred of his right to make applica- 
tion to the county commissioners for any abatement of the 
assessment on him, unless such person shall make it appear 
to such commissioners, that he was unable to offer such lists 
at the time appointed. R. S. c. 14, § 18. 

5. The assessors, or either of them, may require the per- 
son presenting such lists to make oath that the same is true, 
which oath either of the assessors may administer ; and such 
lists being exhibited on oath, shall be the rule for that per- 
son's proportion of the tax. lb. § 19. 

6. The oath, as in section 5, may be : 

You solemnly swear, that the lists you have now given in 

to the assessors of , contain a true account of the polls and 

all the estate in this town, for which you are liable to be tax- 
ed either in your own right or otherwise. So help you God. 

7. The assessors shall make a record of their assessment, 
and of the invoice and valuation from which such assess- 
ment was made, and, before the taxes are committed to the 
proper officer for collection, deposit the same, or a copy 
thereof, in the assessors' office, when any such is kept, other- 
wise with the town clerk, there to remain ; and any place 
where the assessors usually meet to transact business, and 
keep their papers or books, shall be considered their office 
for the purposes aforesaid. lb. § 26. 

8. The invoice and valuation and tax lists, when recorded, 
should be certified and signed by the assessors. 

9. Any person liable to be taxed, and not out of the State 
on the 1st day of May, who shall refuse or neglect to give the 
assessors on oath, or affirmation, a true and perfect account 
of all his or her estate, and of all estates in his or her hands, 
or under his or her care as agent, shall be doomed by said 
assessors to the full amount of his or her estate, to their best 
skill and judgment, and pay a fine of six per cent, on the 
whole amount of the sums in which he or she shall be thus 
doomed by the assessors. Act, 1843. 

10. The oath to the assessors, before they take a general 
valuation, may be : 

You , assessors of the town of , do severally and 

solemnly swear or affirm, that you will perform all the du- 



VALUATION AND INVOICE. 79 

ties required of you, without favor or prejudice, and that you 
will, according to your best skill and judgment, appraise all 
real and personal estate, according to the true value of it. 
So help you God. 

11. If any assessor shall refuse to take the oath or affir- 
mation, he shall be fined not less than fifty dollars, nor more 
than two hundred dollars. Act, 1843. 

12. The constitution requires that all taxes shall be ap- 
portioned and assessed, according to the just value thereof. 

13. The cashiers of banks, and the clerks of all other 
corporations in this State, holding property liable to be taxed, 
shall under oath, annually, within seven days after the first 
day of May, return to the assessors of every town, in which 
any of the stockholders may reside, the amount of stock 
owned on the said first day of May, and the names of the 
stockholders resident in such town, as far as known to such 
cashiers or clerks, and the amount of stock taken up, and 
actually paid in, in such corporation ; and such returns 
shall be the basis of taxation on said property. It. S. c. 76, 

14. If any such cashier or clerk shall, within the time 
specified, deposit his returns, required by the preceding sec- 
tion, in some convenient post office, directed to the assessors 
of the proper towns, it shall be deemed a sufficient compliance 
with the provisions of said section. lb. § 14. 

15. If the clerk or cashier of any such corporation, hold- 
ing property as aforesaid, shall neglect or refuse to make the 
return, as in section 13, the said corporation shall forfeit 
five hundred dollars, to be recovered in an action of debt ; 
one half to the use of the prosecutor, and the other half 
to the use of the State. lb. § 15. 

16. If the assessors, through an error in judgment, make 
an over- valuation of the property of the inhabitant, and there- 
by assess him too much, his remedy is by appeal to the coun- 
ty commissioners, and not by an action at law. 30 Maine 
R., 404. 



80 



MAINE TOWNSMAN, 



CHAPTER XXVI. 



TAXES IN UNINCORPORATED PLACES. 



1. Meeting of inhabitants. 

2. State Treasurer to publish assess- 

ment, &c. 

3. Duty of County Treasurer. 

4. Owner may redeem. 

5. Rights of State and county. 



6. Assessments for Roads. 

7. Notice and sale. 

8. Right of redemption. 

9. Collector shall notify before sale= 
10. Collector's fee. 



1. When any State or County tax shall be laid on any 
plantation not organized, the treasurer of the State may is- 
sue his precept to some justice of the peace dwelling near 
to such plantation, requiring him to grant his warrant direct- 
ed to some principal inhabitant of such plantation, requiring 
him to notify and warn the inhabitants of such plantation 
qualified to vote for governor, to meet at such time and 
place, within the same, as in such warrant shall be specified, 
in order to choose needful officers for the purposes herein- 
after mentioned ; and such principal inhabitant is obliged to 
observe and obey the warrant that he shall receive from 
such justice, on the penalty of forfeiting and paying the 
whole sum that shall be ordered to be levied on such planta- 
tion. And such of said inhabitants as shall then assemble, 
are required to choose a moderator and clerk, as also assess- 
ors and collectors for assessing and collecting such planta- 
tion's proportion of such state and county tax, as shall be 
ordered to be assessed. Act. Aug, 14, 1849, § 1. 

Form of the Justice's Warrant : 



To- 



-of- 



Pursuant to a precept to me directed by the treasurer 
of state, you are hereby required to notify and warn the 
inhabitants of (here describe the plantation) qualified to 

vote for Governor, to meet at on the day of , 

at o'clock, — M., in order to choose a moderator, clerk, 



collector and assessors. 
Dated at this • 



■ day of — — , 18 — . 

Justice of the Peace, 



TAXES IN UNINCORPORATED PLACES. g| 

2. It shall be the duty of the State treasurer to cause * with- 
in three months from the assessment by the Legislature of 
any tax upon any such township or tract of land, the assess- 
ment to be published three weeks in the newspaper of the 
printer to the State, and in some newspaper printed in the 
county where such land may lie, if such paper there be. 
And said land shall be holden to the State for the payment 
of such State tax and for the payment of such sums as may 
be certified by the county treasurer as having been assessed 
by the commissioners of their respective counties for ordi- 
nary purposes, together with the interest thereon for the sum 
and at the rate hereinafter specified. lb. § 2. 

3. Whenever any tax upon any such township or tract 
shall have been assessed by the county commissioners for 
ordinary expenses, the county treasurer shall immediately 
notify the state treasurer of the same. Whenever the state 
treasurer shall not deem it expedient to issue his warrant for 
the organization of any plantation thus assessed, he shall 
give credit to said county treasurer for the amount of such 
assessment when paid, together with all interest received 
thereon, and forward a certificate of the sums thus paid, on 
the first Monday of January, annually, to the county treasu- 
rer, lb. § 3. 

4. The owner or owners of any such township or tract 
of land, may, at any time within two years from the assess- 
ment, redeem the same, by paying into the state treasury 
the amount of all state taxes and also all the amounts due 
thereon for any taxes assessed on the land by the county 
commissioners, together with interest on said sums at the 
rate of twenty per cent, per year, said interest to be com- 
puted from and after the expiration of one year from the 
date of the assessment. lb. § 4. 

5. At the expiration of one year after advertisement by 
the state treasurer, the state shall hold the land thus adver- 
tised in the same manner as a mortgagee after taking pos- 
session for the purpose of foreclosure, and may give per- 
mits on said tracts to cut timber and grass to an amount suf- 
ficient to discharge the taxes thereon with all intervening in- 
terest and charges ; and in case the taxes on any tract shall 
not be discharged within said two years, the county treasu- 
rer may discharge the tax due the state, and the state treasu- 
rer shall execute his deed to said county treasurer. lb. § 5 

8 



82 MAINE TOWNSMAN. 

6. The county commissioners for the several counties in 
this state shall assess upon all unincorporated townships or 
parts of unincorporated townships in their respective coun- 
ties, a sum of money sufficient to keep the county roads over 
such unincorporated townships in good repair. lb. § 7. 

7. The county commissioners shall make said assessment 
on or before the fifteenth day of May in each year, and shall 
publish a notice of the whole amount so assessed, specifying 
the amount assessed on such township or part of township, 
and the road on which such assessment is to be expended, 
in some newspaper published in such county, if any there be, 
and in the newspaper published by the printer to the state* 
On failure of payment, the county treasurers in the several 
counties shall cause an attested copy of said assessment to 
be published in said paper or papers, three months before the 
time of sale, together with a notice that so much of said 
lands will be sold at public sale to the highest bidder, at such 
time as they shall designate, as will satisfy said assessments 
and incidental charges ; provided, however, that any sale 
made as aforesaid shall be subject to any lien the state may 
have for taxes on the same. lb. § 8. 

8. The owners of lands sold in pursuance of the fore- 
going section, shall have the right to redeem the lands by 
paying to the purchasers thereof the sums for which said 
lands were sold, together with twenty per centum interest on 
said sums from the time of sale, provided that such pay- 
ment shall be made within two years from the time of the 
sale. lb. § 9. 

9. When it shall become necessary for any collector of 
taxes assessed upon real estate belonging to resident proprie- 
tors, to sell the same at auction for the non-payment of taxes, 
he shall notify the owner or occupant thereof, ten days be- 
fore the time of sale, specifying the time and place of sale 
and amount of taxes. Act Aug. 13, 1849, § 1. 

10. When any person shall appear to discharge the taxes 
before the time of sale, he shall pay said collector not ex- 
ceeding one dollar for advertisements and notice. lb. § 2. 



APPRAISAL OF TAXABLE PROPERTY. 



83 



CHAPTER XXVII. 



THE APPRAISAL OF TAXABLE PROPERTY AND TAX TABLE. 



1. Property appraised at its value. 

2. How land is specified. 

3. Assessors' office ministerial. 

4. Assessment erroneous. 



5. Invoice. 

6. Taxable value of shares. 

7. Taxable. 



1. The appraisers shall appraise all taxable property at its 
true value in money. Act, 1843. 

2. It is not necessary to specify the number of acres, but 
to state the value of the land. 

3. The office of assessor is rather ministerial than judicial. 
He is to exercise his judgment in apportioning an assessment, 
and determining the rateable property and the value of it. 
10 Mass. R. 105. 

4. An assessment is erroneous, if property is omitted in 
the valuation which ought to be assessed, or any individual 
charged with property, even by mistake, for which he is not 
liable. lb. 

5. The assessors should, in their invoice, include all the 
polls and estates liable to taxation ; and, in making their as- 
sessment, should first ascertain the amount which the polls 
pay, and deduct it from the sum to be assessed ; and then 
apportion the remainder according to each man's property. 
To effect the apportionment, they may find what per cent, 
of the whole property to be taxed, and the sum to be raised 
is, then multiply each man's invoice by that per cent, and 
the product is his tax. 

6. The taxable value of shares in corporations may be as- 
certained, by ascertaining their market value ; and also the 
amount of the estate for which the corporation is taxed. Di- 
vide the amount of the corporation estate so taxed by the 
number of shares, which will give the proportion for which 
each share is taxed ; deduct this amount from the market 
value of the shares, and the balance will be the value of the 
shares upon which tax is to be assessed, 



84 



MAINE TOWNSMAN. 



7. A tax table exhibits at once the tax on all sums from 
one dollar up to any amount required. The "table is made 
by multiplying the per cent, which the tax amounts to, by 
the several numbers 1,2, 3, 4, and so on. The following 
is a table of taxes to be made, when one and a half per cent, 
is to be raised on the valuation of property : 



$1 00 


pays 


$0 01 5 


$60 00 


pays 


$0 90 


2 00 


pays 


03 


70 00 


pays 


1 05 


3 00 


pays 


04 5 


80 00 


pays 


1 20 


4 00 


pays 


06 


90 00 


pays 


1 35 


5 00 


pays 


07 5 


100 00 


pays 


1 50 


6 00 


pays 


09 


200 00 


pays 


3 00 


7 00 


pays 


10 5 


300 00 


pays 


4 50 


8 00 


pays 


12 


400 00 


pays 


6 00 


9 00 


pays 


13 5 


500 00 


pays 


7 50 


10 00 


pays 


15 


600 00 


pays 


9 00 


20 00 


pays 


30 


700 00 


pays 


10 50 


30 00 


pays 


45 


800 00 


pays 


12 00 


40 00 


pays 


60 


900 00 


pays 


13 50 


50 00 


pays 


75 


1000 00 


pays 


15 0Q 



SSESSORS OF TOWN TAXES. 



85 



CHAPTER XXVIII. 



ASSESSORS OF TOWN TAXES, 



1. State taxes assessed on towns. 

2. County commissioners' warrant to 

assessors. 

3. No town tax unless for sums raised. 

4. Town assessors. 

5. State taxes to be assessed according 

to the last act for raising a State 
tax. 

6. County and town taxes by same rule. 

7. State and County taxes to be added. 

8. Overlay. 

9. Overlay not to exceed five per cent. 

10. Record of assessment. 

11. Certificate to State treasurer. 

12. Form ot certificate. 

13. Certificate to county treasurer. 

14. Form of certificate. 

15. Certificate to the town treasurer. 



16. Form of a warrant, 

17. Loss of a warrant. 

18. Lists of assessment to be signed. 

19. When selectmen shall be assessors. 

20. Default of towns to choose assessors. 

21. When commissioners appoint asses- 

sors. 

22. Neglect to assess State tax. 

23. Neglect to assess county tax. 

24. Assessors may be arrested. 

25. Neglect for five months to assess 

State tax. 

26. Neglect for five months to assess 

county tax. 

27. Delinquent assessors. 

28. Validity of a warrant. 

29. Liability of assessors. 



1. When any State tax is imposed, and is required to be 
assessed by the proper officers of towns or plantations, the 
treasurer of the State shall send such warrants as he shall 
be required to issue for the assessment of such tax, to the 
sheriffs of the different counties, who shall transmit the same 
to the assessors of the several towns and organized planta- 
tions. R. S. c. 14, § 11. 

Whenever a State tax is ordered, the treasurer shall send 
his warrants to the mayor and aldermen, selectmen or as- 
sessors, requiring them to make the assessments. Act, J 845, 
c. 159, §§ 15, 16. 

2. For the purpose of the assessment of any county tax, 
the county commissioners at their regular session, next be- 
fore the first day of January, annually, shall issue their war- 
rants to the assessors of each town and organized plantation 
in the county, requiring them forthwith to assess, in due form 
of law, the sum apportioned and set on such town or plan- 
tation, and to commit the same to the constable or collector 
for collection according to law. E. S. c. 14, § 12. 

3. For the purpose of the legal assessment of any planta- 
tion, town, or parish tax, the sum so assessed must have been 



gg MAINE TOWNSMAN. 

granted and voted for a legal object at a meeting of the in- 
habitants thereof, being legally qualified voters r duly called 
and notified. R. S. c. 14, § 15. 

4. In each town, there shall be annually chosen three or 
five persons to be assessors of all town, county, and State 
taxes, which they shall be authorized to assess in the course 
of the year for which they are chosen. lb. § 16. 

5. The assessors so chosen, shall assess upon the polls and 
estates within such town, their due proportion of any tax, 
according to the rules of the then last act for raising a State 
tax, and make perfect lists thereof under their hands, and 
commit the same to the constable or collector of their town, 
if there be any, otherwise to the sheriff of the county or his 
deputy, with a warrant under their hands. lb. § 22. Act, 
1845, c. 159, § 17. 

6. All county and town taxes shall be assessed and appor- 
tioned by the assessors of the several towns upon the polls 
and estates within the same, according to the rules prescribed 
in the preceding section. R. S. c. 14, § 23. 

7. The assessors of any town may add their proportion 
of the estate and county tax to any of their other taxes, and 
make out warrants and certificates accordingly. When the 
assessors add the State and county taxes to their other taxes, 
one warrant will be sufficient. lb. § 24. 

8. The assessors are empowered to apportion on the polls 
and estates according to law, such additional sum over and 
above the precise sum to them committed to assess, as any 
practical division of such sum may render convenient in the 
apportionment thereof, not exceeding five per cent, on the 
sum committed ; and they shall certify that fact to the treas- 
urer of the town or plantation. lb. § 25. 

9. The assessors should not exceed the sum voted, and 
five per cent, in addition. If it does exceed it, even a few 
cents, the tax is illegal and the assessors liable. Green. R. 
175. 

10. The assessors shall make out a record of their assess- 
ment. See. c. 25, § 7. 

11. As soon as the assessors of any town have assessed 
any State tax, and committed the same with a warrant for 
its collection to a proper officer, they shall return a certifi- 
cate thereof to the State treasurer, with the name of such 
officer. R. S. c. 14, § 27. 



ASSESSORS OF TOWN TAXES. $7 

12. The form of such certificate may be as follows : 

Pursuant to a warrant from the treasurer of the State of 

Maine, dated the day of , we have assessed the 

polls and estates of the inhabitants of the town of , the 

sum of , and have committed lists thereof to A. B., col- 
lector of said town of , with our warrant in due form of 

law for collecting and paying in the same to , treasurer 

of said State, or his successor in office, on or before the 
(here insert the day inserted in the icarrani) next ensuing. 

In witness whereof, we have hereunto set our hands, 
at , this day of , A. D. 18 — . 

A. B. \ 

C. D. \ Assessors of . 

E. F.) 

13. When the assessors have assessed and committed for 
collection any county tax, they shall return a certificate of 
the fact to the county treasurer, with the name of the officer 
to whom it was committed. lb. § 28. 

■ 14. The form of certificate to the county treasurer may 
be the same as in section twelve, substituting the word county 
instead of "State." 

15. The assessors should also give to the town treasurer a 
certificate of all the taxes which are payable to him by the 
collector, as follows : 

To , treasurer of the town of : We have as- 
sessed upon the polls and estates in said town of , the 

sum of dollars and cents, voted by said town to 

be raised to defray town charges, together with the sum of 

for overlayings, and have committed to , collector 

of said town, a list of said assessment, with a warrant bear- 
ing date , requiring him to pay to you the sum of 

dollars and cents, on or before the day of next. 

Witness our hands, this day of , 18 — . 

A. B. \ 

C. D. > Assessors of 

E.F.J 

If the highway tax is voted to be paid in money, there 
should be added after the words u town charges," on the 

above, "and also the sum of , voted by said town to be 

raised for highways and bridges." 



88 MAINE TOWNSMAN. 

16. Form of Assessors' warrant for the collection of State 
taxes. When the assessors add the county and -town taxes, 
one warrant will be sufficient : — 

— — ss. To A. B., constable or collector of the town 



{or plantation as the case may he) of , within the county 

of- ; Greeting : 

In the name of the State of Maine, you are hereby re- 
quired to levy and collect of the several persons named in 
the list herewith committed to you, each one his respective 
proportion therein set down of the sum total of such list, it 
being this town's proportion of the State tax for the year 

IS — ; and you are to transmit and pay in the same to , 

treasurer of State, or to his successor in that office, and to 
complete and make up an account of your collections of the 

whole sum, on or before the day of -, 18 — . And 

if any person shall refuse or neglect to pay the sum he is 
assessed in said list, to distrain the goods and chattels of such 
person, to the value thereof: and the distress so taken, to 
keep for the space of four days, at the cost and charge of 
the owner ; and if he shall not pay the sum, so assessed, 
within the said four days, then you are to sell by public ven- 
due the distress so taken, for the payment thereof, with 
charges ; first giving forty-eight hours' notice of such sale, 
by posting up advertisements thereof, in some public place 
in the town (or plantation, as the case may be;) and the 
overplus arising by such sale, if any there be, besides the 
sum assessed, and the necessary charges of taking and keep- 
ing the distress, you are immediately to restore to the own- 
er ; and for want of goods and chattels, whereon to make 
distress, besides those implements, tools, and articles of fur- 
niture, which are bylaw exempted from attachment for debt, 
for the space of twelve days, you are to take the body of 
such person, so refusing or neglecting, and commit him unto 
the common jail of the county, there to remain, until he pay 
the same, or such part thereof, as shall not be abated by the 
assessors for the time being, or the county commissioners 
for the said county. 

Given under our hands, by virtue of a warrant from the 
treasurer aforesaid, this day of , 18 — . 



A. B. ) 

C.D.I 



• Assessors of . 

E.F.J 



ASSESSORS OF TOWN TAXES. go, 

17. When an original warrant has been lost or destroy- 
ed, the assessors may issue a new warrant for the above pur- 
poses. R. S. c. 14, § 59. 

18. The list of assessments must be signed by the assess- 
ors. 

19. If any town shall not choose assessors as aforesaid, 
or if so many of them refuse to accept, as there shall not 
be such a number as the town shall have required, then the 
selectmen of the town shall be the assessors thereof, and 
each of them shall be sworn to the faithful discharge of his 
duty as assessor ; and each selectman and assessor shall be 
paid for his services one dollar for every day he is necessa- 
rily employed in the service of the town. lb. § 29. 

20. If any town shall neglect to choose selectmen or as- 
sessors, the default being made known to the district court, 
such town shall forfeit and pay a sum not exceeding three 
hundred dollars, nor less than one hundred dollars, as said 
court shall order, for the use of the State. lb. § SO. 

21. In such case, as also when neither the selectmen nor 
assessors chosen by any town shall accept the trust, the 
county commissioners are empowered to appoint three or 
more suitable persons in the county to be assessors of taxes> 
as before named ; and such assessors being duly sworn, 
shall assess upon the polls and estates within the town, their 
due proportion according to law, together with the said pen- 
alty where the town makes default as aforesaid, and such 
sum as shall answer their own reasonable charges for time 
and expenses in said service, not exceeding one dollar per 
day for each man ; and shall issue a warrant under their 
hands for collecting the same, and transmit a certificate 
thereof to the treasurer of the State, with the name of the 
person to whom the warrant is committed ; and the assess- 
ors shall be paid their charges, as adjudged by the commis- 
sioners, out of the State treasury ; and they shall duly ob- 
serve all such warrants as they shall receive while in office 
from the State treasurer or the county commissioners. lb. 
§ 31, 32. 

22. If the assessors of any town shall refuse or neglect 
to assess any State tax apportioned on each town, which 
they were required by the treasurer's warrant to assess, they 
shall forfeit and pay the full sum mentioned on said warrant, 
for the use of the State ; and the State treasurer shall issue 



90 MAINE TOWNSMAN. 

his warrant to the sheriff of the county, to levy said sum by 
distress and sale of the estate, real and personal, of such 
deficient assessors. R. S. c. 14, § 33. 

23. If such assessors shall neglect to assess the amount of 
any county tax required by warrant of the county commis- 
sioners, they shall forfeit that sum for the use of the county, 
and the same shall bel evied by the sale of their estate by vir- 
tue of a warrant from the county commissioners. lb. § 34. 

24. If the sheriff cannot, on either of said warrants, find 
property of said assessors to satisfy the sum due thereon, he 
may arrest their bodies, and the county commissioners shall 
appoint other assessors of such State and county taxes, who 
shall be sworn. lb. § 35, 36. 

25. If the inhabitants of any town from which a state tax 
is or has been required, but is unpaid, shall, for five months 
after having received the treasurer's warrant for assessing 
any State tax, fail to choose assessors to assess the same and 
cause the assessment thereof to be certified to such treasurer, 
such treasurer shall issue his warrant under his hand, to the 
sheriff of the same county, who shall proceed to levy such 
sums of the property, real or personal, of the inhabitants of 
such town ; but if such assessors shall, within sixty days from 
the receipt of such warrant, deliver to such officer a certifi- 
cate of the tax or taxes required, and pay the officer his fees, 
he shall transmit the same to the State treasurer and return 
the warrant unsatisfied, lb. § 37. 

26. If the inhabitants of any town from which any county 
tax shall be required, shall neglect to choose and keep in 
office assessors, the county treasurer shall issue his warrant 
after five months from the time they received his warrant for 
assessing the same, to the sheriff of said county, requiring 
him to levy and collect the sum mentioned in said warrant, 
and the sheriff shall execute the same, observing the condi- 
tion in the preceding section. lb. § 38. 

27. If the inhabitants of any town shall choose assessors 
who shall neglect to assess the tax required by the warrant 
to them, or to re-assess any tax on the failure of any collec- 
tor, and to certify the assessment, and the estates of such 
assessors shall be insufficient to pay the same taxes, then the 
treasurer of the State, or the treasurer of the county, may 
issue his warrant to the sheriff of the same county, requiring 
him to levy and collect, by distress and sale, so much of the 



ASSESSMENT OF TAXES IN PLANTATIONS. 9^ 

sums mentioned in said warrants, as the estates of the as- 
sessors shall be insufficient to pay, of the real and personal 
estates of the inhabitants of the deficient town ; which war- 
rants the sheriff or his deputy shall execute, observing the 
provisions as in section twenty-four. lb. 39. 

28. It is not necessary to the validity of a warrant for the 
collection of taxes that it be delivered to the collector during 
the year for which he and the assessors were elected ; it is 
sufficient, if made and signed while they were in office. — 
3 Maine R., 290. 

29. For an assessment of money voted by a town, at a 
meeting not legally called, or without an article justifying it, 
or for a purpose not authorized by law, the assessors would 
be personally liable. 12 Maine R., 378. 



CHAPTER XXIX* 



ASSESSMENT OF TAXES IN PLANTATIONS. 



1 i Choice of assessors in plantations. 

2. Officers to be sworn ; valuation. 

3. Plantation meetings. 



4. Neglect of officers to be stvorn ; pen- 
alty. 



1. All plantations which shall be ordered by the legisla- 
ture to pay any part or proportion of the public taxes, shall 
be and are vested with the same powers as towns are, so far 
as relates to the choice of assessors of taxes ; and any per- 
son who shall be chosen an assessor in any such plantation, 
and shall refuse to accept said office, or to take the oath, af- 
ter due notice, required by law to be taken by assessors of 
taxes in towns, shall be liable to the same penalties, to be re- 
covered by the treasurer, by action of debt before any jus- 
tice, arid a new assessor shall be chosen in his place ; and if 
any assessor chosen, shall be remiss and negligent in his 
duty, such plantation shall be subject to the same penalties as 
towns deficient in the same respect, and proceeded with in the 
same manner. R. S. c. 14, § § 40, 41, 42, 43. 

2. The clerk, assessors, and collectors, shall be duly sworn 
as similar officers chosen by towns, and receive the same 



92 



MAINE TOWNSMAN. 



compensation ; and the assessors shall make a rateable list 
of polls and valuation of estates of the inhabitants of said 
plantation. B.. S. c. 14, § 46, 47. 

3. The assessors of such plantations shall have power to 
issue their warrants for meetings of the inhabitants in March 
or April, annually, for the choice of all proper officers, who 
shall be sworn by the moderator or a justice of the peace ; 
and every moderator shall be bound to notify the plantation 
officers to appear before some justice of the peace, within 
seven days from the time of their choice, to take the neces- 
sary oaths of office, on penalty of forfeiting ten dollars for 
his neglect. lb. § 48. 

4. Such plantation-officer, who shall neglect to take the 
oath of office, when notified as aforesaid, shall be liable to 
the same penalties as town officers so neglecting, to be re- 
covered in the same manner. lb. § 49. 



CHAPTER XXX, 



SUPPLEMENTARY ASSESSMENTS AND ABATEMENTS. 



1. Supplementary assessments. 

2. Assessors may abate taxes : when. 

3. Appeal to the county commissioners. 

4. Neglect to bring in lists, bar to abate- 

ments. 

5. Towns may agree on abatements. 



6. Notification of voters. 

7. Form of notice. 

8* Abatements to persons paying their 
taxes within stated periods. 

9. Order in favor of the collector,abates 
not the tax. 



1. When any assessors, after having completed the assess- 
ment of any tax, shall discover that by mistake they have 
omitted any polls or estate, liable to be assessed, they may, 
for the term during which they were elected, by a supple- 
ment to the invoice and valuation and list of assessments, 
assess such polls and estate their proportion of such tax, ac- 
cording to the principles on which the assessment was made, 
certifying that they were omitted by mistake. And such 
supplemental assessment shall be committed to the collector, 
with a certificate, under the hands of the assessors, stating 
that they were omitted by mistake, and that the powers, in 
their previous warrant, (naming the date of it,) are extend- 



ASSESSMENTS AND ABATEMENTS. 93 

od to such supplemental list ; and the collector shall have 
the same power, and be under the same obligations, to col- 
lect such taxes, as if they had been contained in the original 
list ; and all assessments shall be valid, notwithstanding that 
by such supplemental list, the whole amount shall exceed the 
sum to be assessed, or alter the proportion of tax allowed by 
law to be assessed on the polls. R. S., c. 14, § 53. 

2. The assessors, on application, within one year from the 
assessment, may make such reasonable abatement as they 
may think proper. lb. § 20. 

3. If the assessors shall refuse to make any abatement, 
the complainant may apply to the county commissioners, at 
their next meeting, and should they be of opinion, that he is 
over-rated, he shall be relieved by them, and be reimbursed 
out of the town treasury, so much as they shall see cause to 
abate of the tax, w T ith incidental charges. And the county 
commissioners may require the assessors or town-clerk to 
produce their valuation or a copy of it. lb. § 21. 

4. Any person, who has neglected to bring in his lists to 
the assessors, shall be barred of a right to apply to the coun- 
ty commissioners for abatement. See c. 25, § 4. Title val- 
uation. 

5. The inhabitants of any town or plantation, at any meet- 
ing for raising a tax, may agree on the abatement to be made 
to persons, who shall voluntarily pay their taxes to the collec- 
tor, at certain periods, and likewise the length of time, after 
the commitment of the tax to the treasurer, within which 
any person, by so paying his taxes, may be entitled to such 
abatement, lb. § 135. 

6. A notification of such votes, and time when such taxes 
were committed, shall be posted by the treasurer, in one or 
more public places in such town or plantation, within seven 
days after such commitment. lb. § 136. 

7. The form of notice may be as follows : 

The treasurer of the town of , hereby gives notice, 

that by a vote of said town, a discount will be made to all 
persons who shall voluntarily pay their taxes to the collector 
of taxes of said town, within days after the commit- 
ment of the same to him for collection, which was on the 
first day of last past, of per cent. 

June 1st, 18 — . A. B., Treasurer of ; 

9 



94 



MAINE TOWNSMAN. 



8. All such inhabitants of any such town or plantation, 
who shall voluntarily pay said collector, or his deputy, the 
amount of their several and respective taxes, at any of the 
periods noticed in the notification of the votes posted as 
aforesaid, shall be entitled to an abatement of so much of 
their respective taxes, as shall be specified in such votes, to 
be allowed according to the time of such payment. And all 
such taxes not paid as aforesaid, shall and may be collected 
by the collector, or by his deputy, agreeably to other provis- 
ions. R. S., c. 14, § 137, 138. 

9. An order drawn by the selectmen in favor of the col- 
lector for abatement of taxes is to be considered as a mere 
order to the treasurer to release the collector from said sum ; 
but not to be an abatement of the said tax to the person as- 
sessed. 19 Maine E. 322. 



CHAPTER XXXI. 



COLLECTOR OF TAXES. 



i. Collector of taxes how chosen. 

2. Collector to receive warrant. 

3. Collector to give bond. 

4. Form of collector's bond. 

5. Selectmen's approval of bond. 

6. If the collector dies. 

7. Plantations, their power. 

8. When new collectors are chosen. 

9. Collector impeded in collections. 

10. Collector to exhibit his collections. 

11. Removal of collector. 

12. If the collector become incapacita- 

ted. 



13. Decease of the collector. 

14. Collector taken on execution. 

15. If towns neglect to choose a collec- 

tor. 

16. If plantations neglect to choose a 

collector. 

17. Sheriff to post up assessments. 

18. Collector bound to observe the war- 

rant. 

19. Sureties must abide by the bond. 

20. Return of Collector — evidence. 

21. When real estate taxed, personal 

not seizable. 



1. The qualified voters of any town, when they choose 
constables, may also choose a collector of taxes and agree 
what sum shall be allowed such collector or collectors, as a 
compensation for the performance of the duties of the office ; 
but if such collector or collectors refuse to serve, or if none 
shall be chosen, then the constable or constables of such 
town shall collect the taxes. R. S. c. 14, § 60. 
* 2. Every collector of taxes, or constable, who may be re- 



COLLECTOR OF TAXES. 95 

quired to collect taxes, shall receive a warrant from the se- 
lectmen or assessors, and faithfully obey the directions there- 
in contained. lb. § 62. 

3. The assessors shall require such constable or collector 
to give bonds for the faithful discharge of his duty to the in- 
habitants of the town in such sum and with such sureties as 
the selectmen shall approve ; and bonds given by collectors 
of plantations, shall be to the inhabitants thereof, approved 
by the assessors, conditioned that he will faithfully perform 
the duties mentioned in the warrant. lb. § 63. 

4. The form of collector's bond may be as follows : 

Know all men by these presents, that we — — , as princi- 
pal, and , as, sureties, of the town of , in 



county, are held and firmly bound unto the inhabitants of 

said town, in the sum of dollars ; to which payment, 

well and truly to be made, we bind ourselves, our heirs, ex- 
ecutors and administrators by these presents. Witness our 
hands and seals this day of , 18 — . 

The condition of this obligation is such, that whereas said 
has been chosen a collector of taxes for said town, for 



the year 18 — ; now, if said shall well and faithfully 

perform all the duties of his said office, then this obligation 
to be void ; otherwise to remain in full force. 

Signed, sealed and delivered > A. B. seal, 

in presence of ) C. D. seal, 

E. F. seal. 

5. The selectmen shall indorse their approval on the back 
of said bond. 

6. In case any collector or constable shall die before per- 
fecting the collection of any assessments, the assessors shall 
appoint some other suitable person to perfect the collection, 
and give him a sufficient warrant for that purpose. lb. 
§64. 

7. All plantations ordered by the legislature to pay their 
proportion of the public taxes, are vested with all the powers, 
as in the choice of collectors or constables, and may require 
bonds from the same as in case of towns. lb. § 65. 

8. When constables or collectors shall be anew chosen and 
sworn in any town, before the former officers had perfected 



96 MAINE TOWNSMAN. 

their collections, such former constables and collectors are 
required to perfect all their collections. R. S., c. 14, § 71. 

9. Any collector impeded in collecting taxes may require 
proper persons to assist him ; and any person who shall re- 
fuse his aid when so required, shall pay a fine not exceeding 
six dollars, at the discretion of the justice, before whom the 
conviction may be had on complaint, provided it shall appear 
that such aid was necessary. And in default of payment, the 
justice may commit the offender to jail for forty-eight hours, 
lb. § 93. 

10. Every collector of taxes shall, once in two months at 
least, exhibit to the selectmen, and where there are none, to 
the assessors of his town, a just and true account of all mon- 
ies received on taxes committed to him, and produce the treas- 
urer's receipt for monies by him paid ; and for neglect there- 
of, he shall forfeit two and one half per cent, on the sums 
given him to collect, to be recovered by such town. lb. 
§§94,95. 

11. When a collector has removed, or is about to remove, 
out of the State, and when the treasurer has issued his war- 
rant of distress, the selectmen of the town, or assessors of 
the plantation, may call a meeting to appoint a committee to 
settle with the collector for the money he has received on 
his tax bills, and discharge him therefrom ; and at such meet- 
ing may elect another constable or collector. lb. § 96. — 
The assessors shall then make out a new warrant, and deliv- 
er the same, with said bills, to him to collect the sums due 
thereon. lb. § 97. If such collector refuse to give up the 
bills and pay over his collections when demanded of him, he 
shall pay two hundred dollars for the use of the town, and 
be liable to pay what shall remain due on said bills. lb. 
§98. 

12. Whenever any collector or constable has become in- 
sane, or has become incapacitated, the assessors may appoint 
a collector to perfect such collections, and grant him a war- 
rant therefor. lb. § 99. And when such insane or disquali- 
fied collector shall have paid over to the treasurer a larger 
sum of money than he has collected, the assessors in their 
warrant to the new collector, shall direct him to pay such 
over-paid sum to the guardian of such insane, or to the dis- 
qualified collector. lb. § 100. And the assessors may de- 
mand the lists of assessment from any person having posses- 



COLLECTOR OF TAXES. 97 

sion of the same, and deliver the same to the newly appoint- 
ed collector. lb § 101. 

13. In case of the decease of any collector or constable, 
not having adjusted the accounts of the assessments commit- 
ted to him to collect, the administrator or executor of such 
collector or constable shall, within two months after his ac- 
ceptance of the trust and giving bonds according to law, set- 
tle the same with such assessors, as to such part as was re- 
ceived by him in his lifetime. lb. § 108. And the assess- 
ors shall thereupon appoint in writing, some person a collector 
to perfect such collection. lb. § 109. If such executor or 
administrator shall fail of settling such account within two 
months after accepting the trust, in case he has sufficient as- 
sets in his hands, he shall be chargeable with the whole sum 
committed to the testator or intestate for collection. lb. 
§ 110. 

14. When any collector or constable shall be taken on ex- 
ecution, the assessors may demand and receive of him a copy 
of all or any of the assessments which he received of them, 
and then had in his hands unsettled, with the whole evidence 
of all payments made on the same assessments ; and, on his 
compliance with this demand, he shall receive such credit 
as the assessors, on inspection of the assessment, shall ad- 
judge him entitled to, and for the balance he shall be held 
accountable. lb. § 121. And the same town may choose 
another collector to perfect the collection on the assessments, 
and he shall be sworn. lb. § 122. If any collector or con- 
stable taken as aforesaid shall refuse, on demand made, to 
deliver up to the assessors the assessment committed to him, 
with all the evidence of payments, he shall be forthwith com- 
mitted to the county jail, there to remain until he shall ex- 
hibit the same as required ; and the assessors shall take co- 
pies of the record of assessments and deliver them to the 
new collector. And when the tax of a person named in 
said assessment does not appear to be paid, but such person 
declares to the collector that it had been paid to the former 
collector, he shall not detain or commit such person unless 
the vote of such town is first passed therefor and certified by 
the clerk. lb. § 125. 

15. When any town shall neglect to choose any constable 
or collector, or any plantation to choose a collector, to collect 
any State or county tax, the sheriff of the county is hereby 



98 MAINE TOWNSMAN. 

authorized and directed to collect the same, having received 
an assessment made of the proportion of the several persons 
rateable in such town or plantation, with a warrant under the 
hands of such assessors. R. S., c. 14, § 126. 

16. When plantations neglect to choose constables or col- 
lectors, or if those chosen neglect their duty, such plantations 
shall be proceeded with similar to deficient towns, and such 
deficient constables or collectors shall be liable to the same 
penalties, and to be removed in the same manner as in the 
case of deficient constables or collectors chosen bv towns, 
lb. § 127. 

17. The sheriff or his deputy, upon receiving such assess- 
ment and warrant for collection, as in sections fifteen or six- 
teen, shall forthwith post, in some public place in the town 
or plantation assessed, an attested copy of such assessment 
and warrant, and shall make no distress for any of the sums 
so assessed until thirty days from his posting it ; and any 
person paying the sum assessed on him, to such sheriff, be- 
fore the expiration of said thirty days, shall pay at the rate 
of five per cent, over and above the sum assessed to the 
sheriff for his fees, and no more. lb. § 128. And all who 
neglect shall be proceeded against by the sheriff, by way of 
distress and arrest. lb. § 129. 

18. In every case within the power of the assessors to 
decide, their warrant justifies the collector and he is holden 
to execute it ; for he does not incur the penalty of their mis- 
doings or wrong estimates. 10 Mass. R. 119. 

19. Where the bond of a collector recited that he was 
duly chosen, it was held that the sureties could not controvert 
the legality of the meeting, nor the validity of his election. 
8 Maine R., 334. 

20. The return of a collector, upon his warrant, on the 
distress and sale of chattels, is prima facie evidence of his 
having tendered to the former owner the overplus arising 
from such sale, 17 Maine R., 100. 

21. When real estate has been taxed, as non-resident, the 
collector is not justified in seizing and selling personal prop- 
erty ; but must pursue the mode pointed out for the collec- 
tion of non-resident taxes. 19 Maine R., 100. 



NON-PAYMENT OF TAXES. 



99 



CHAPTER XXXII. 



DISTRESS AND COMMITMENT FOR NON-PAYMENT OF TAXES, 



1. Collector's fees in case of distress. 

2. Distress for non-payment of taxes. 

3. Public places. 

4. Valid sale. 

5. Evidence of appointment of collec- 

tor. 

6. Taxes against insolvent estates. 

7. Form of notice of sale. 

8. Overplus. 

9. Account of sale. 

10. Body of delinquent arrested. 



11. Commitment on taxes. 

12. Certificate to jailor. 

13. Discharge — town liable. 

14. If party is likely to abscond. 

15. Tax payable in instalments. 

16. Shares in corporations distrained— 

officers to give certificates. 

17. Collections of persons about to re- 

move. 

18. When collector may sue in his name. 



1. In case of distress and commitment for the non-pay- 
ment of taxes, the officer concerned therein shall be entitled 
to the same fees which sheriffs by law are, or may be enti- 
tled to for levying executions, saving that the travel in case 
of distress shall be computed only from the dwelling-house 
of the officer making such distress, to the place where the 
distress may be made. R. S. c. 14, § 61. 

2. If any person shall refuse to pay the sum assessed as 
his proportion of any tax, the constable or collector to whom 
such tax is committed, with a warrant to collect the same, is 
directed to distrain the person so refusing by his goods and 
chattels ; and the distress so taken, to keep for four days, at 
the expense of the owner, and if he do not pay the sum as- 
sessed on him within that time, then the distress so taken 
shall be sold by vendue by such officer for the payment of 
such sum, notice of such sale being posted in some public 
place in the same town forty-eight hours before the expira- 
tion of said four days. lb. § 66. 

3. Taverns, stores, court house, custom house, and the 
post-office, are deemed public places. 

4. In order to render a sale by a collector valid, there 
must be a substantial compliance with all the requirements 
of law. 

5. The warrant of a collector may be evidence of his ap- 
pointment, but a record of it is better. 



100 MAINE TOWNSMAN. 

6. Taxes against an insolvent estate should be paid before 
debts to creditors. 

7. For the place of a notice of sale to be posted up, see 
section third. The form may be as follows : 

Taken as a distress for taxes, and to be sold by public auc- 
tion for cash, at the tavern of , in the town of , on 

the day of next, at o'clock in the forenoon, 

one ton of hay. 

July 9, 1851. Z. Q., Collector of Taxes of . 

8. The officer, after deducting the amount of the tax and 
the expenses of sale, shall restore the overplus to the former 
owner, with an account in writing of the sale and charges. 
R. S. c. 14, § 67. 

9. Account " of sale and charges :" 

Account of the sale of a lot of hay belonging to , of 

-, taken, distrained and sold by me, for the payment of 



his taxes in the bills committed to me to collect for the year 
J851. 

One ton hay, sold to A. B. for C. D.'s taxes, $9,25 

Poll tax, $1,50 

Real and personal tax, 4,50 6,00 

(Charges.) 

Travel, in district, $0,20 

Carting hay, 0,75 

Weighing, 0,15 

Loading, 0,20 

Advertising and selling, 0,50 1,80 

$1,80 

Surplus to be returned to A. B. 1,45 $9,25 

July 10, 1851. E. F., Collector. 

The collector should keep a record of the notice and sale 
for his own security. 

10. If the person so assessed shall, for twelve days after 
demand of the same, refuse or neglect to pay said sum, and 
to show the officer sufficient goods and chattels whereby the 
sum may be levied, the collector or constable may arrest the 
body of the person so refusing, and commit him to jail till 
he shall pay said sum, or be discharged by law. lb. § 68. 



NON-PAYMENT OF TAXES. JQJ 

11. When any person appointed to collect assessments by- 
virtue of a warrant shall, for want of property, take the body 
of a person and commit him to prison, he shall give an at- 
tested copy of his warrant to the prison keeper, and shall 
certify under his hand the sum such person is to pay as his 
proportion of his assessment, with the costs of taking and 
committing, and that for want of goods and chattels whereon 
to make distress, he had taken his body ; and such copy, with 
the certificate thereon, under the hand of the officer, shall be 
a sufficient warrant to require the prison-keeper to keep and 
receive such person in custody, till he shall pay his assess- 
ment and charges, and thirty-three cents for a copy of the 
w 7 arrant ; provided, that such person shall have the same de- 
gree of liberty and same privileges as a debtor on a private 
execution. lb. § 180. 

12. Certificate to be made upon the copy of a warrant to 
be given to the prison-keeper on commitment, as above : 

July , 1851. I hereby certify that dollars and 

cents is the sum which A. B., now committed to prison, 



is to pay as his proportion of the assessment within men- 
tioned ; that for want of goods and chattels whereon to make 
distress, I have taken his body upon the original warrant, of 
which this is a true and attested copy, and have committed 
him to the common jail in this county. The costs of taking 
and committing are two dollars. 

A. B., Collector of . 

13. When any person committed for the non-payment of 
taxes, shall be discharged by virtue of any act for the relief 
of poor prisoners, the town or plantation, whose assessors 
issued the warrant by which the prisoner was committed, 
shall pay the whole tax required of such town or plantation. 
lb. § 131. And the officer shall not be discharged of the 
proportion due from such person unless the imprisonment 
shall be made within one year next after the commitment to 
such officer, unless the inhabitants of such town or planta- 
tion in legal meeting shall abate the same to such officer. lb. 
§ 132. 

14. If, in the opinion of the assessors, there are just grounds 
to fear that any person assessed as aforesaid may abscond 
before the expiration of twelve days, the officer may demand 



102 MAINE TOWNSMAN. 

immediate payment, and on refusal he may commit him. R. 
S., c. 14 § 69. 

15. When any tax shall be made payable at two or more 
several days, and the person so assessed shall be about to re- 
move from such town or plantation before the time fixed for 
any payment, the constable or collector may demand and 
levy the whole sum which said person may be assessed ; and 
in default of payment, he may distrain for the same or ar- 
rest the body. lb. § 70. 

16. For non-payment of taxes, the collector or constable 
may distrain the shares owned by the delinquent in the stock 
of any corporation ; and upon such seizure, the same pro- 
ceedings may be had as when like property is taken and sold 
on execution. lb. § 72. The proper officer of such corpo- 
ration, upon request of any constable or collector, shall 
be bound to give him a certificate of the shares or interest 
owned by such person in such corporation, and shall issue 
to the purchaser certificates of shares owned by such person. 
lb. § 73. 

17. When any person taxed in any town or plantation 
shall remove therefrom before having paid the sums assessed 
upon him, the constable or collector, with a legal warrant, 
may demand the same of him, in any part of the State, and 
upon his refusal to pay the same, may distrain such person 
by his goods, and for want thereof may commit him to jail, 
lb. § 74. 

18. When any person duly assessed in any tax, in any 
town, plantation or parish, has died, or shall die before pay- 
ment of such tax, or has removed to any other place, and 
when any unmarried woman being taxed, shall intermarry 
before the payment of such tax, the constable or collector 
may sue therefor in his own name, and recover the same in 
an action of debt, as other debts may be recovered ; but shall 
recover no costs unless he demanded the tax before bringing 
the suit. lb, § 75. 



UNPAID TAXES ON REAL ESTATE. 



103 



CHAPTER XXXIII. 



UNPAID TAXES ON REAL ESTATE. 



1. Collector to certify unpaid taxes. 

2. Form of a certificate. 

3. Duty of treasurer. 

4. Manner of discharging taxes. 

5. Further duty of treasurer. 

6. Certificate to purchaser. 

7. Owner may refund* 

8. Lien on real estate for taxes. 

9. Relative to sale. 



10. Duty of collector. 

11. Right of redemption. 

12. If not redeemed. 

13. After two years not to be sold. 

14. Validity of sale how established, 

15. Proof of notice. 

16. Collector to make return of sale. 

17. Additional lien. 

18. Assessors may abate. 



1. When no person shall appear to discharge the taxes 
duly assessed on any real estate owned by non-residents, 
within nine months from the date of the assessment, the col- 
lector shall make a true copy of so much of the assessment 
as relates to the taxes due on such real estate, and certify 
the same to the treasurer of the town or plantation ; and all 
lands taxed to owners unknown, shall be deemed and taken 
to be non-resident lands. Act 1844, § 1. 

2. The form of certificate to town-treasurer may be as 
follows : 



To A. B., treasurer of the town of 



This certifies, 



That C. D. is assessed on the lists committed to me for col- 
lection by the assessors of the town [or plantation] of , 

in the sum of $ ; and that the same is due and unpaid 

to me, this day, it being more than nine months from the day 
of commitment of said taxes to me by said assessors. 

A. B., Collector of . 

Dated, . 

3. The treasurer shall record the same in a book kept for 
that purpose, and advertise in the newspaper published by 
the printer of the State, the names of the owners, if known 
by him, with the sum of the taxes on their lands respective- 
ly ; and if the owners be not known by him, he shall publish 
the taxes on the several rights, numbers of lots or divisions, 



104 MAINE TOWNSMAN. 

with such short description, as he can conveniently give. He 
shall cause advertisements to be published three weeks succes- 
sively, within three months from the time the collector shall 
have certified to him the delinquencies aforesaid, and shall 
also lodge with the clerk of the town or plantation where said 
lands lie, a copy of said advertisement ; whose duty it shall 
be to record the same in the records kept by said clerk. Act 
1844, § 2, 3. 

4. Any person may discharge said taxes after sixty days 
from the first publication of the treasurer's first notice, and 
within two years from the date of the assessment, by paying to 
the treasurer, the taxes with interest, at the rate of twenty per 
centum per annum, from the date of the advertisement, togeth- 
er with costs of advertising, which costs shall be ascertained 
by adding fifty per centum to the sums paid the printer, and, if 
more than one parcel be advertised, by dividing the amount 
by the number of lots or parcels advertised. lb. § 4. 

5. Whenever any taxes on non-resident lands shall remain 
unpaid for the term of two years, the treasurer shall publish 
notice of the same in the public newspaper of the printer 
to the State, therein stating that the land will be forfeited un- 
less payment be made within three years from the date of 
the assessment, lb. § 5. 

6. When any person, not the owner of said land, shall 
discharge the taxes, costs and charges, he shall be entitled to 
a certificate from the town or plantation treasurer. lb. § 8. 

7. Whenever any taxes assessed upon non-resident real 
estate shall be discharged, the owner or owners thereof may, 
-at any time within three years from the date of the assess- 
ments of said taxes, redeem said real estate by paying into 
the town treasury, for the benefit of the person or persons 
who may have discharged said taxes, the full amount which 
may have been paid for discharging said taxes and costs, to- 
gether with interest on the whole, at the rate of twenty per 
centum per annum. lb. § 9. 

8. For all taxes assessed on real estate belonging to resi- 
dent proprietors, a lien is created, and shall continue in full 
force until the payment thereof; and if any such tax shall 
remain unpaid for the term of nine months from the date of 
the assessment, the collector of taxes may give notice of the 
same, and of his intention to sell so much of the real estate, 
on which said tax was assessed, as may be necessary for the 



UNPAID TAXES ON REAL ESTATE. » JQ5 

payment of said tax and all charges, by posting notices there- 
of in the same manner, and at the same places, that warrants 
for town meetings are required to be posted, in the town or 
plantation where such lands lie, six weeks before the day of 
sale, designating the name of the owner, if known, with the 
right, lot and range, the number of acres, as near as may be, 
' with tlte amount of tax due and unpaid, with such other short 
description as may be necessary to render the description 
certain and plain ; and shall likewise lodge with the town or 
plantation clerk, a. copy of such notice, with his certificate 
on the same that he has given notice of the intended sale as 
required by law, such copy and certificate thereon to be re- 
corded by said clerk. lb. § 10. 

9. When no person shall appear to discharge the taxes on 
any real estate of resident owners, with costs, the collector 
shall sell at public auction so much of the real estate afore- 
said, as r*ay be necessary to pay the tax due, with three dol- 
lars for advertising and selling the same, and twenty five- 
cents more for each copy required to be lodged with the town 
or plantation clerk. lb. § 11. 

10. Whenever any real estate shall be sold for taxes as 
provided above, the collector of taxes shall, within four days 
from and after the day of sale, lodge with the treasurer of 
the town or plantation, a certificate under oath, designating 
the quantity of land sold, the name of the owner or owners 
of each parcel, and the name of the purchaser or purchas- 
ers ; what part of the amount on each was tax, and what was 
cost and charges ; and shall also lodge with the treasurer 
aforesaid, within the time aforesaid, a deed of each parcel 
sold, running to the purchasers. lb. § 12. 

11. Any person to whom the right by law belongs, may 
at any time, within the space of two years from the date of 
the collector's certificate, required in the preceding section, 
redeem any real estate of resident proprietors sold for taxes, 
on paying into the town or plantation treasury, for the pur- 
chaser, the full amount certified to be due, together with in- 
terest on the whole at the rate of twenty per centum per an- 
num, from the date of said certificate, which sums shall be 
received and held by said treasurer, as the property of the 
purchaser aforesaid. lb. § 13. 

12. In case no person shall redeem the same, within the 
time aforesaid, by paying the full amount required, then the 

10 



106 MAINE TOWNSMAN. 

treasurer shall deliver to the purchaser, the deed or deeds so 
lodged with him by the collector. lb. § 14. 

13. No officer to whom a warrant for collection of taxes 
is committed, shall sell any real estate for non-payment of 
taxes, after the expiration of two years from the date of such 
warrant. lb. § 15. 

14. In any trial, involving the validity of any sale ©f real 
estate for non-payment of taxes, it shall be sufficient to pro- 
duce in evidence the collector's deed, duly executed and re- 
corded, the assessments signed by the assessors, and their 
warrants to the collector, and to prove that such collector 
complied with the requisitions of law, as to advertising and 
selling such real estate, lb. § 16. 

15. The copy of the notice of sale and the certificate 
thereon, deposited with the town or plantation clerk, as re- 
quired in the tenth section of this act, or if the same be lost 
or destroyed, an attested transcript of the town or plantation 
clerk's record thereof, shall be conclusive evidence that such 
notice was given as is required, in the trial of all issues in 
which the collector who made the sale is not personally in- 
terested, lb § 17. 

16. It shall be the duty of the collector making any sale 
of real estate for non-payment of taxes, within thirty days 
after such sale, to make a return with a particular statement 
of his doings in making such sale, to the clerk of the town 
or plantation in. which such real estate is situated ; and said 
clerk shall record said return in the town or plantation re- 
cords, lb. § 18. 

17. For all taxes legally assessed on any real estate, owned 
by non-residents, a lien is created upon all timber and grass 
growing or standing upon such real estate. And all logs and 
hay cut upon such real estate shall be liable to be taken and 
sold by the collector of taxes for the town or plantation where 
such real estate lies, sufficient to pay all taxes due on such 
real estate, withvall legal costs and charges. lb. § 19. 

18. The assessors of the town or plantation for the time 
being, on application, may make such reasonable abatements 
as they think proper, within two years from the time of the 
assessment of the taxes to be abated, lb. § 20. 



ACT OF 1844, CONCERNING TAXES. JQ7 



CHAPTER XXXIV. 
ACT OF 1844, CONCERNING TAXES, 

1. General remarks. I 3. Same subject, 

2. Validity of title. | 4. Sale, when void. 

1. For a full synopsis of this act, reference is made to the 
previous chapter. It seems to supersede, with but trifling 
exceptions, the fourteenth chapter of the Revised Statutes re- 
lative to sale of real estate in incorporated places for unpaid 
taxes. 

2. The title arising to a town by a forfeiture of non-resi- 
dent lands for the non-payment of town taxes, is not perfect- 
ed unless nine months fully expire after the date of the as- 
sessment, and before the collector makes to the treasurer a 
certificate of the delinquency to pay the tax ; nor unless the 
treasurer authenticate as true, the copy of his printed adver- 
tisement lodged with the clerk ; nor unless it appear that the 
collector had a warrant from the assessors to collect the tax. 
30 Maine R., 226. 

3. To the validity of the sale of real estate, made by a 
collector for taxes, it is indispensable that he take the oath of 
his office before acting therein. 30 Maine R., 319. 

4. A tax sale is void if the collector be the purchaser, though 
acting as the agent for another. lb. 



108 



MAINE TOWNSMAN, 



CHAPTER XXXY, 



EXECUTIONS AND WARRANTS OF DISTRESS. 



i. State treasurer may issue warrants 
of distress. 

2. He may issue execution. 

3. Town liable for deficiency of the 

collector. 

4. New assessment made. 

5. Warrant upon the assessors. 

6. Delinquent collector liable. 

7. Treasurer to issue warrant against 

delinquent collector. 

8. Form of such warrant. 

9. Sheriff to return executions and 

warrants. 

10. " Reasonable time ; " what. 

11. Liability of sheriff for neglect. 



12. Treasurer's warrant to a coroner, 

13. Officer's sale how to proceed. 

14. Sale of real estate, notice. 

15. Proceedings at the sale. 

16. The deed and its effect. 

17. Alias warrant. 

18. Privilege of deficient officer. 

19. Adjustment of collector's accounts, 

20. Choice of a new collector. 

21. Refusal of collector to deliver assess- 

ments. 

22. Warrants of distress ; when issued. 

23. Remedy of inhabitants against the 

town. 

24. Goods of non-resident. 



1. The State treasurer shall issue his warrant of distress 
against any constable or collector to whom any tax has been 
committed for collection, but who has been remiss and neg- 
ligent in his duty in not paying into the public treasury, from 
time to time, the money required, within the time limited by 
law ; and he shall direct his warrant, under his hand and seal, 
to the sheriff of the county, in which such delinquent officer 
lives, or his deputy, to cause said sum, or such sum as is due, 
to be levied by distress and sale of such deficient constable 
or collector's real and personal estate, returning any over- 
plus there may be, and for want of such estate, to commit 
the body of such delinquent officer to prison, until he shall 
pay the same ; which warrant the sheriff is hereby bound to 
obey. E. S. c. 14, § 102. 

2. Whenever the time fixed by law for collecting any State 
tax shall have expired, and the same is unpaid, the State 
treasurer shall, at the request of the selectmen of any town, 
or assessors of any plantation, issue his execution against the 
collector of such town or plantation. lb. § 103. 

3. If any constable or collector, failing as aforesaid, has 
no estate which can be found on which to make distress, 



EXECUTIONS AND WARRANTS, jQg 

and his person can not be found within three months from 
the time when a warrant of distress shall issue from the 
State treasurer ; or, if being committed to jail, he shall not, 
within three months, satisfy the same ; in such case, the town 
or plantation, whose collector has so failed, shall within three 
months from the expiration of the before mentioned three 
months, make good to the State treasury the sums due from 
such deficient constable, or collector, lb. § 104. 

4. The assessors of such town or plantation, having writ- 
ten notice from such treasurer of the failure of such consta- 
ble or collector, shall forthwith, and without further warrant, 
assess the sum so due upon the inhabitants of such town or 
plantation, in the manner in which the sum so committed 
was assessed, and commit the same to some other constable 
or collector, for collection. lb. § 105. 

5. If such assessors shall neglect so to do, the State treas- 
urer shall issue his warrant against such deficient or negli- 
gent assessors, for the whole sum so due from such delin- 
quent constable or collector, which shall be executed by the 
sheriff, or by his deputy, as other warrants issued by such 
treasurer. lb. § 106. 

6. Such delinquent constable or collector, for whose de- 
fault such town or plantation is answerable as aforesaid, 
shall at all times be answerable, in an action by such in- 
habitants, for all such sums as were assessed upon them by 
means of his neglect and deficiency, and for all consequent 
damages. lb. § 107. 

7. If the constable or collector of any town, plantation, or 
parish, to whom any county, town, plantation, or parish taxes 
have been committed for collection, shall neglect to collect 
and pay the same to the treasurer, named in the warrant of 
the assessors, by the time therein stated, such treasurer shall 
issue his warrant, returnable in ninety days, to the sheriff of 
the same county, or to his deputy, who are directed to exe- 
cute the same. lb. § 111. 

8. The form of such warrants may be as follows : 

A. B., treasurer of the of , in said county, to the 

sheriff of the county of , or his deputy : Greeting. 

Whereas, C. D., of aforesaid, [addition] on the 

day of , being a of taxes, granted and agreed on 

by the aforesaid, had a list of assessments, duly made 



J 20 MAINE TOWNSMAN. 

by the assessors of the aforesaid, amounting to the sum 

of dollars and cents, committed to him, with a 

warrant, under their hands, directing and empowering him 
to collect the several sums in said assessment mentioned, 

and pay the same to the treasurer of the aforesaid, by 

the day of ; but the said C. D. has been remiss in 

his duty by law required, and hath neglected to collect the 
several sums aforesaid, and pay the same to the treasurer of 

the aforesaid ; and there still remains due thereof, the 

sum of dollars and cents, and the said C. D. still 

neglects to pay the same. You are hereby, in the name of 
the State, required, forthwith, to levy the aforesaid sum of 
— — dollars and cents, by distress and sale of the es- 
tate, real or personal, of the said C. D., and pay the same to 

the treasurer of the said , returning the overplus, if any 

there be, to the said C. D. And for want of such estate, to 
take the body of the said C. D., and him commit to the jail 
in the county aforesaid, there to remain, until he has paid the 

sum of dollars and cents, with forty cents for this 

warrant, together with your fees, or, that he be otherwise 
discharged therefrom, by order of law ; and make return of 
this warrant to myself, or my successor, as treasurer of the 
said , within ninety days from this time, with your do- 
ings therein. 

Given under my hand, this day of , in the year 

. A. B., Treasurer of . 

9. On all executions or warrants of distress that have been 
or may hereafter be issued, by the State treasurer, or the 
treasurer of any county, town, plantation, or parish, against 
any constable or collector, which have been, or may hereaf- 
ter be delivered to the sheriff of any county or his deputy, 
such sheriff or deputy shall make return of his doings unto 
the treasurer who issued the same execution or warrant of 
distress, within a reasonable time after the return day in the 
same mentioned, with the money, if any, that he hath re- 
ceived and collected by virtue thereof ; and where the same 
has been returned unsatisfied, or satisfied in part only, such 
treasurer may issue an alias for such sum as may be due on 
the return of the first ; and so, as often as occasion occurs, 
lb. § 112. 

10. u Reasonable time after return day," as in the pre- 



EXECUTIONS AND WARRANTS. l\\ 

ceding section, shall be computed at the rate of forty-eight 
hours for every ten miles distance from the dwelling house of 
the sheriff or his deputy, to the place where the warrant may 
be returnable. lb. § 112. 

11. Any sheriff or deputy who shall neglect to comply 
with the directions of such warrant, or any of them, shall be 
liable to pay the whole sum mentioned in such execution or 
warrant of distress. lb. § 113. 

12. The treasurer of the State, and treasurers of coun- 
ties, towns, plantations, and parishes, are empowered to make 
out their warrants, directed to a coroner of the county 
where any sheriff is deficient as aforesaid, requiring him to 
distrain the same upon the real or personal estate of such 
deficient sheriff or deputy ; which warrants the coroner is re- 
quired to execute. lb. § 114. 

13. Any officer, in making sale of any personal property, 
distrained bf him, by virtue of any warrant from the trea- 
surer of the State, or any county, town, plantation, or par- 
ish, against any deficient constable or collector, shall pro- 
ceed as in the sale of such property seized on execution. lb. 
§115. 

14. When a warrant of distresss, issued by any treasurer, 
as aforesaid, to any officer, shall be levied on the real estate of 
any deficient constable, collector, sheriff, or deputy, for the 
purpose of being sold, notice of the intended sale shall be giv- 
en, and of the time and place of sale, fourteen days before 
such day, by posting advertisements in two or more public 
places in the town or place where the estate is situated, and 
also in two adjoining towns. lb. § 116. 

15. On the day, and at the place appointed, the officer 
having such warrant, shall proceed to sell by public auction, 
all such estate, if necessary, and if not necessary, then so 
much thereof, in common and undivided with the residue, as 
shall be necessary to satisfy the sum named in the warrant, 
with all legal or reasonable charges. lb. § 117. 

16. Such officer shall make and execute to the purchaser 
a deed of bargain and sale thereof, and such deed, duly exe- 
cuted, shall be effectual, to all intents and purposes, as if exe- 
cuted by the deficient owner thereof. lb. § 118. 

17. In case the proceeds of such sale of the real estate 
shall not satisfy the sum named in the warrant, and the nec- 
essary expenses, the treasurer who issued such warrant, shall 



1 12 MAINE TOWNS. I A \ T . 

issue an alias warrant for the sum remaining due, and the 
officer executing the same, shall take the body of such defi- 
cient collector, constable, or deputy, and proceed as in cases 
of execution for debt. lb. § 119. 

18. When such deficient officer shall be arrested, or com- 
mitted to jail, he shall be entitled to the same degree of liber- 
ty, as a debtor committed or arrested on execution, upon his 
giving sufficient bonds. lb. § 120. 

19. When any constable or collector of taxes shall be 
taken on execution, the assessors may demand or receive of 
him a true copy of all or any of the assessments he received 
of them, and then had in his hands unsettled, with the whole 
evidence of payments on the same ; and on compliance, he 
shall receive such credit as the assessors shall adjudge him 
entitled to. lb. § 121. 

20. The same town, plantation, or parish, may proceed 
to the choice of another collector, at any other time beside 
the annual meeting, to complete collections on the assess- 
ments ; who shall be sworn and give such security as is 
required of the first collector. lb. § 122. 

21. If any constable or collector, taken as aforesaid, 
shall refuse, on demand, to deliver up to the assessors the as- 
sessments committed to him, with all the evidence of pay- 
ments, he shall, forthwith, by the officer who took him, or by 
a warrant from the justice of the peace, be committed to the 
county jail, and there remain until he shall exhibit the same. 
lb. § 123. 

And the assessors shall take copies of the assessments, and 
deliver them to the new collector. lb. § 124. 

22. No warrant of distress shall be originally granted on 
any judgment of the county commissioners against any 
town or plantations, until twenty days after a certificate of 
the rendition of judgment has been transmitted, by their 
clerk, to the assessors. lb. c. 99, § 20. 

23. On all judgments rendered, or warrants of distress 
issued, by county commissioners, against the inhabitants of 
any town, or plantation, any such inhabitant, who shall pay 
his proportion of the same, shall be entitled to the like reme- 
dy and process as is provided in relation to judgments and 
executions from the judicial courts. lb. § 22. 

24. When the owner or possessor of horses, mules, neat 
cattle, sheep or swine, resides in any other town, city or 



TOWN TREASURER, ETC. H3 

plantation than the one in which said animals are kept, the 
constable or collector to whom any assessment on such ani- 
mals shall be committed for collection, with a legal warrant, 
may demand the same of such owner in any part of the 
state, and, upon his refusal to pay the same, may distrain 
such person by his goods, and for want thereof may commit 
him to the common jail of the county where he may be 
found, there to be detained until such tax shall be paid, or 
he be thence delivered by due course of law. Act of 1850, 



CHAPTEE XXXVI. 

TOWN TREASURER 3 WHEN COLLECTOR OF TAXES. 



1. Towns may choose treasurer to be 

collector. 

2. Assessors to deposit assessments 

with treasurer. 

3. Treasurer's powers to continue. 

4. Treasurer to give bond. 

5. Form of bond. 

6. Treasurer to render account. 



7. Treasurer may issue warrant to dis- 

train. 

8. Treasurer may distrain ; when. 

9. Officer to give notice before distrain- 

ing. 

10. Form of notice. 

11. Officer may serve warrant. 



1. The inhabitants of any town or plantation may in 
March or April, annually, appoint their treasurer a collector 
of taxes ; and the treasurer, so appointed, may appoint un- 
der him such a number of assistants as may be necessary, 
and they shall give bond for the faithful discharge of their 
duties in such sum and with such sureties as the selectmen 
may approve ; and the collector of taxes shall have like 
powers as are vested in collectors chosen for that purpose. 
R. S. c. 14, § 134. 

2. The assessors of any town or plantation which may, at 
their annual meeting, choose their town treasurer a collector 
of taxes, shall assess their taxes in due form, and deposit 
the same in the hands of the treasurer for collection, together 
with their warrant for that purpose, after he shall have been 
duly qualified, together with his deputies. lb. § 139. 

3. All the powers granted to treasurers, who are appointed 



114 MAINE TOWNSMAN. 

collectors of taxes, shall be extended till the collection of 
any tax committed to them shall have been completed, not- 
withstanding the year for which they were appointed may 
have elapsed. lb. § 140. 

4. The selectmen of towns* and the assessors of planta- 
tions, shall require the treasurer of such towns or plantations, 
to give bond with sufficient sureties for the faithful perform- 
ance of the duties of his office ; and if he neglect or refuse 
to give such bond it shall be deemed a refusal to accept the 
office ; and the town or corporation shall proceed to a new 
choice, as in case of vacancy. lb. § 141. 

5. The form of bond may be as follows : 

Know all men by these presents, that we A. B., of - 



in the county of , as principal, and C. D. and E. F., of 

said , as sureties, are held and firmly bound unto the in- 
habitants of said town of , in the sum of dollars ; 

to which payment, well and truly to be made, we bind our- 
selves, our heirs and executors, by these presents. Witness 

our hands and seals, this day of , A. D. 18 — . 

The condition of this obligation is such, that, whereas the 
said A. B., treasurer of said town, has been appointed collect 
tor of taxes of said town, for the year 18 — - ; now, if the said 
A. B. shall well and faithfully discharge all the duties of said 
office, then this obligation to be void ; otherwise, to remain 
in full force and virtue. 

A. B. seal. 

C. D. seal. 

E. F. seal. 

6. Every treasurer shall render an account of the state of 
the finances of his town or plantation, and exhibit all the 
books and accounts appertaining to his office, to the select- 
men of the town, or assessors of the plantation, or to any 
committee appointed by such town or plantation, whenever 
required. And it shall be the duty of such selectmen or as- 
sessors to examine such treasurer's accounts as often as once 
in three months. lb. § 142. 

7. The treasurer of any town, who is also collector, may 
issue his warrant to the sheriff of the county, or to his deputy* 
or to a constable of his town, directing him to distrain the 
person or property of any person who is delinquent in pay- 



TOWN TREASURER, ETC. JJ5 

ing his taxes, after the expiration of the time fixed for pay- 
ment, by vote of the town ; which warrant shall be of the 
same tenor as that issued by assessors to collectors, chang- 
ing such parts as ought to be changed, returnable to the 
treasurer in thirty days. lb. § 143. 

8. Whenever the treasurer, being also collector, shall be 
of opinion that there is danger of losing, by delay, a tax as- 
sessed on any individual, he may distrain the person or pro- 
perty of such individual, before the expiration of the time 
fixed by the vote of the town. lb. § 144. 

9. Before any such officer shall serve any such warrant, 
he shall deliver to the delinquent, or leave at his last and 
usual place of abode, a summons from said collector and 
treasurer, stating the amount of the tax due, and that the 
same must be paid within ten days from the time of leaving 
such summons, with twenty cents for the use of the officer 
leaving such summons. lb. § 145. 

10. The form of such summons may be as follows : 

To A. B., of : The taxes assessed against you in the 

town of , for the year , and committed to me for 

collection, are as follows: [here slate the amount of the 
taxes ; ] you are hereby notified that the same must be paid 
to me, within ten days from the day of leaving this summons, 
with the additional sum of twenty cents for the use of the 
officer leaving this summons. 

CD., Treasurer and Collector of — — . 

11. If such sums be not so paid, then the officer shall 
serve such warrant, as collectors of taxes are authorized to 
do. lb. § 146. 



116 MAINE TOWNSMA 



CHAPTER XXXVII. 

GENERAL PROVISIONS. 



1. Remedy for illegal assessment. 

2. Assessors responsible for unfaithful- 

ness only. 

3. Affidavit as to posting notices. 



4. Remedy for an inhabitant against 

the town. 

5. Warrants returnable. 

6. Names of individuals and corpora- 

tions stated. 



1. If any sum of money shall be assessed, which was not 
granted or voted for a legal object, the assessment shall not 
thereby be rendered void ; nor shall any error, mistake, or 
omission, by the assessors, collector, or treasurer, render the 
assessment void ; but any person paying any tax which was 
not raised for a legal object, may bring his action against the 
town, in the district court in the county in which such town 
may lie, and shall be entitled to recover the sum he was as- 
sessed for such illegal object, with twenty-five per cent, in- 
terest, and costs ; and he may bring the action against the 
town for any damages he may have sustained by reason of 
the mistakes, errors, or omissions of the officers aforesaid, 
and shall be entitled to recover the damages he may have 
actually sustained. R. S. c. 14, § 88. 

2. The assessors of towns, plantations, and parishes, shall 
not be made responsible for the assessment of any tax which 
they are required by law to assess : but the liability shall rest 
solely with said corporations ; and the assessors shall be res- 
ponsible only for their own personal faithfulness and integri- 
ty, lb. § 56. 

3. The affidavit of any disinterested person, as to posting 
notifications required for the sale of any land, to be sold by 
the sheriff, or his deputy, constable, or collector, in the exe- 
cution of his office may be used in any trial, to prove the 
fact of notice ; provided such affidavit, made on one of the 
original advertisements, or on a copy of the same, shall be 
filed in the registry of the county or district where the land 
lies, within six months. lb. § 147. 



GENERAL PROVISIONS. iyj 

4. When the estate of any inhabitant of any town, not 
being an assessor thereof, shall be levied upon and taken for 
the delinquency of deficient assessors, he may maintain an 
action against such town and recover the full value of the 
estate levied upon, with twenty per cent, interest from the 
time it was taken, with costs ; and the value may be proved 
by any other legal evidence, as well as the sale. lb. § 148, 
149. 

5. All warrants by the State or county treasurers, shall be 
made returnable in three months, and are renewable. lb. 
§ 150. 

6. In making assessments, the names of individuals and 
corporations should be stated Gorrectly and in full. 



11 



TITLE IV. 



HIGHWAYS AND BRIDGES. 

Chapter 38. Town ways and private ways. 

Chapter 39. Power of county commissioners relating to town 

ways. 

Chapter 40. Liability of towns to repair highways, 

Chapter 41. Obstructions in highways. 

Chapter 42. Surveyors of highways. 

Chapter 43. Road commissioners. 

Chapter 44. Guide posts. 

Chapter 45. Law of the road. 

Chapter 46. Railroads. 

Chapter 47. Turnpikes, 

Chapter 48. Ferries. 

Chapter 49. Aqueducts. 

Chapter 50. Drains and common sewers. 

Chapter 51. Act respecting drains, passed March 6, 1844. 



CHAPTER XXXVIII. 



TOWN WAYS AND PRIVATE WAYS. 



1. Selectmen may lay out town ways. 
2 Form of notice. 

3. Proceedings to be confirmed by the 

town. 

4. Form of laying out a town way. 

5. Notice and form of laying out a pri- 

vate way. 

6. Form for widening and straighten- 

ing a town way. 

7. Laying out to be recorded by the 

town clerk. 

8. Width of the road to be stated. 

9. The occasion for a town way. 

10. Same subject. 

11. When the laying out is illegal. 



12. A road should be of public utility. 

13. Towns have no right to vote to lay- 

out a road. 

14. When a new road is established. 

15. Towns cannot raise money for a 

county road. 

16. Damages. 

17. Tenants for life may have separate 

damages. 

18. Selectmen to determine damages; 

appeal. 

19. Rule for estimating damages. 

20. Towns may discontinue roads. 

21. When a road is discontinued; effect. 

22. Authority of towns. 



1. The selectmen of the several towns, either personally 



TOWN WAYS AND PRIVATE WATS. \\Q 

or by such person or persons as they may appoint, may lay 
out, alter or widen town ways, for the use of their respective 
towns, or private ways, for the use of one or more of the in- 
habitants thereof, by giving at least seven days'' previous no- 
tice of their intention to lay out or alter the same, and stat- 
ing the termini of such road, in writing, and by posting the 
same in two or more public places in said town, and in the 
vicinity of the proposed route. R. S. c. 25, § 27, 28. 

2. The form of notice may be as follows : 

Notice is hereby given, that it is the intention of the select- 
men of the town of -, upon the application of , to 

lay out, [if to widen and straighten, say, to make wider and 
straighter,] a town way in said town, for the use of said 

town, beginning at and ending at , in said town, 

and that they will meet for said purpose on the day of 

instant, at in said town, at o'clock in the 

noon ; and all persons interested therein will govern 

themselves accordingly. 

Given under our hands, this day of ■- •■ -• ■, 18—. 

A. B. \ 

C. D. > Selectmen of . 

E. F. j 

3. No such town or private way shall be established, as 
laid out or altered, until such laying out or alteration, with 
the boundaries and admeasurements of the same, shall have 
been reported to the town, and accepted and allowed, at 
some meeting of the inhabitants, regularly warned and noti- 
fied therefor ; nor unless such laying out, or alteration, with 
the boundaries and admeasurements aforesaid, shall have 
been filed with the town clerk, seven days at least before 
such meeting. lb. c. 25, § 29. 

4. The form of laying out a town way may be as follows : 

The subscribers, selectmen of , upon the application 

of , to lay out a town way in said town, beginning at 

and ending at , having given seven days' notice of 

our intentions to lay out the same, and stated in said notice 
the termini thereof, by posting said notice inl two public 
places in said town, and in the vicinity of the proposed route, 
to wit, at - — — , and at , in said town> on the day 



120 MAINE TOWNSMAN. 

of instant, and having met at the time and place ap- 
pointed for that purpose, and having personally "examined 
the route proposed, are of opinion that there is occasion for 

a town way for the use of said town, as proposed ; we 

therefore lay out "said way as follows, beginning at the' 
school-house in district No. 5, in said town, thence running 
south, 9 degrees east through land of A. B., 30 rods to a 
stake, thence north 30 degrees west of land of G. H., to a 
stake near the house of 1. O.; the line described to be the 

middle of the high- way, and the high-way to be rods 

wide ; and we agree with the owners of the land over which 
the road passes, for their damages, as follows, to wit : to the 

said A. B., to pay him $ , to the said E. F. to pay him 

$ , and to the said G. H., to pay him $ , to be paid 

by said town before said road is opened, [or as the case may 

be ;] we award to said A. B., $ , to said E. F., $ , 

and to said G. H., $ , for their damages, to be paid by 

said town, respectively ; and we allow the several owners, 

respectively, months to take off the wood standing or 

growing on said land, and to remove the fence ; which such 
laying out, with the boundaries and admeasurements, have 

been filed with the town-clerk, on the day of , 

being seven days before this meeting ; and we now hereby 
report such laying out, with the boundaries and admeasure- 
ments of the same, to said town, at the meeting of the inhabi- 
tants regularly warned and notified, for them to accept and 
allow the same. 

Given under our hands, this day of , 18 — . 

A. B.) 
D.> 



C. D. > Selectmen of - 

E.F.J 

5. The notice and form for laying out a private way for 
the use of one or more inhabitants of any town, may be the 
same as in sections two and four, except omitting the words, 
" for the use of said town," and adding instead, " for the use 
of inhabitants of said town." 

6. The form, in case of widening and straightening a town 
way, may be the same as in section four, omitting the words, 
" occasion for new town way," and adding, " occasion for 
widening and straightening the town way.' 

7. The notice, laying out of the selectmen, and the doings 



TOWN WAYS AND PRIVATE WAYS. J21 

of the town thereon, should be recorded at length by the 
town clerk, in the books of the town, and attested by him, 
thus : " a true copy from the original : attest : A* B., town 
clerk." And he should preserve the original on file. 

8. If the width of the road is not stated, half of the road 
will be presumed to be on each side of the line described ; 
but it should be stated. 

9. The power of selectmen to lay out town or private 
ways, should not be exercised unless the public necessity 
and convenience require it, and unless the rights of individ- 
uals through whose land the road passes, shall be consid- 
ered. 

10. When the public exigency is such, that it will justify 
the taking of lands of individuals, without their consent, for 
a town way, and also justify the imposing a burden upon the 
town for making the road, and keeping it in repair, then 
there is occasion for a town way. 

11. But if it is laid our, because individuals offer to pay 
part of the expense, or build part of the road, or for any 
other reason than the public exigency, the laying out is ille- 
gal. After the road is laid out, the town may receive dona- 
tions, or any individual may relinquish his claim for dam- 
ages. 

12. It is no objection to laying out a town way in any 
town, that the road will be more used by strangers than in- 
habitants of the town ; for the utility of a road to any town 
consists less in the actual passing it by the inhabitants, than 
facilitating the intercourse of strangers with them. 

13. A vote of the town, that the selectmen should lay out 
a particular town way, is unauthorized ; it being the inten- 
tion of the law that the selectmen should exercise their own 
discretion on the subject. 5 Pick. R. 392. 

14. When a town way has been regularly laid out by the 
selectmen, and approved by the town, it is an established 
way, and the surveyors, in making such road passable, can- 
not be trespassers. 

15. A town has no authority to raise money to aid in 
building a road, which is by law to be made at the expense 
of the county. 11 Pick. E. 396. 

16. All damages for laying out any high way leading 
from town to town shall be paid by the countv. R. S. c. 25, 
§7. 



122 MAINE TOWNSMAN. 

17. Tenants for life or years, remainder men, or rever* 
sioners, shall have their damages allowed to them "severally, 
in proportion to their interests. R. S. c. 25, § 7. 

18. If any damages shall be sustained by any persons in 
their property, by the laying out, altering, or discontinuing of 
a town way, or private way, they shall receive such compen- 
sation as the selectmen shall determine ; which shall be paid 
by the town, if it is a town way ; which fact, the selectmen 
shall determine ; but if it be a private way, by the individ- 
uals for whose benefit it is laid out, altered, or discontinued. 
In case any person shall be aggrieved by the determination 
of the selectmen, he may, upon application to the county 
commissioners, have his rights ascertained by a jury, or if he 
can agree with the agent of the town, or the party liable to 
pay, by a committee to be appointed by said commissioners. 
lb. § 31- 

19. In estimating damages to any person by the laying 
out of a way, the value of the lands taken, the expense of 
fencing against a road, the damage done to the lands re- 
maining, or other injuries, as cutting off the water, &c, 
should be taken into consideration. 

20. Any town, at a meeting regularly called for the pur- 
pose, may discontinue any town or private way. lb. § 30. 

21. When a way is legally discontinued, the public 

right of passage ceases, and the owner has his land again, 
free from the incumbrance ; but if it is discontinued before 
it is opened, a person who sustains damage by such dis- 
continuance, is entitled to recover such damage. 3 Metcalf 
R. 558. 

22. The authority of towns extends only to town and pri- 
vate ways. 



TOWN WAYS. 



123 



CHAPTER XXXIX. 
POWER OF COUNTY COMMISSIONERS RELATING TO TOWN WAYS, 



1. When commissioners may lay out 

town ways. 

2. They may discontinue town ways. 

3. They may approve ways laid out. 

4. Form of petition to commissioners 

when the town refuses to lay out 
a town way. 

5. Towns may counteract the decision 

of the commissioners. 

6. Application for appraisal of damages. 

7. Action to recover damages. 

8. Time fixed for discontinuance. 



9. Ways, not opened, to be discontin- 
ued. 

10. Agent to open roads. 

11. Duties of plantations. 

12. Taxes upon unincorporated town= 

ships. 

13. Right of appeal. 

14. Appeal, how prosecuted. 

15. Committee of view, appointed. 

16. Course, when report is accepted, 

17. Course, if judgment is adverse. 



1. If the selectmen of any town shall unreasonably refuse 
or neglect to lay out or alter any town way or private way, 
when requested, in writing, by one or more of the inhabitants 
thereof, or proprietors of land therein, if leading from land 
under his possession and improvement, to any highway or 
town way, the county commissioners, at any meeting within 
one year, on application of any of the persons so requesting, 
by petition in writing, may cause the said town or private 
way to be laid out or altered ; and they shall ascertain the 
place and course of the way, and estimate the damages sus- 
tained by any person by reason thereof, and the same, with 
the costs of the proceeding, shall be paid by the parties, who 
would have been liable for damages, as if no appeal had 
been made from the selectmen's decision ; and the commis- 
sioners may issue a warrant of distress therefor, saving to 
the parties a like remedy by a committee or jury, if they are 
dissatisfied with the determination of the commissioners. R. 
S. c. 25, § 32. 

2. Said commissioners may also, upon the application, in 
writing, of any inhabitant or proprietor of land in any town, 
aggrieved by the refusal of such town to discontinue any 
town way, or private way, and after notice and hearing of all 
parties interested, order such way to be discontinued, saving 
a right of appeal lb. § 33. 



124 MAINE TOWNSMAN. 

3. If any town shall unreasonably refuse, or delay to ap- 
prove and allow any town or private way, laid out or altered 
by the selectmen thereof, and to put the same on record, any 
person aggrieved by such refusal or delay, if such way lead 
from land under his improvement and possession to any 
highway or town way, may, within one year thereafter, ap- 
ply to the county commissioners ; and they may, unless 
sufficient cause be shown against such application, approve 
and allow the way as laid out or altered by the selectmen, 
and direct the said laying out, or alteration and acceptance, 
to be recorded by the clerk of such town ; which shall have 
the same effect as if accepted by the town and recorded. lb. 
§34. 

4. The form of petition to commissioners, when the town 
refuses to lay out a town way may be as follows : 

To the honorable, the court of county commissioners for 
the county of , next to beholden in said county of- 



at , on the day of , 18 — : Humbly shows 

that a town way from — — to , in such town, would be 

of great public convenience ; that the selectmen of said 
town, after notice and hearing of the parties, have laid out 
such way, and reported the same to the town, at a public 
meeting of the inhabitants duly notified and warned ; yet the 
town has unreasonably refused and delayed to allow and ap- 
prove said town way laid out by the selectmen aforesaid, and 
to put the same on record ; wherefore, your petitioner, con- 
sidering himself aggrieved by such delay and refusal, prays 
that your honors would, agreeable to law in such case made 
and provided, accept and approve said town way, and direct 
the same to be recorded in the books of said town. 

Dated at , A. D. 18—. W. M. 

5. When any town way shall have been laid out or alter- 
ed by the county commissioners, it shall not, within five 
years thereafter ward, be discontinued or altered by the town ; 
and when any such way shall have been discontinued by the 
county commissioners, the town shall not, within two years 
thereafter, lay out the same again. lb. § 35. 

6. All applications to the county commissioners, for an in- 
quiry of damages for the laying out, altering or discontinu- 
ing any town or private way, shall be made and filed, within 



TOWN WAYS. J25 

one year after the establishment of said way, and not after- 
wards ; provided it shall appear by the report of the selectmen, 
that notice was given to the parties, as in chapter thirty-nine, 
section one ; and if no such notice was given, such application 
may be made within twelve months after said one year. lb. 
§ 36, 37. Applicants may join or sever in their petitions. 
lb. § 38. 

7. In addition to said remedies for damages, any person 
entitled to the same, may recover damages, when duly as- 
certained, together with costs, in an action of debt against 
the parties liable ; provided, that demand for the payment of 
the same, shall have been made on the treasurer of any coun- 
ty or town, liable to pay the same, thirty days at least be- 
fore the suit be brought. lb. § 39. 

8. When any town or private way shall be discontinued by 
the county commissioners, they shall, in their return, fix a 
time when the discontinuance shall take effect. lb. § 41. 

9. Any town or private way, laid out by the county com- 
missioners, and not opened within six years from the time 
allowed by them, therefor, shall be deemed discontinued. 
lb. § 42. 

10. If any town, liable to open, make, and alter any coun- 
ty, town, or private way, shall neglect so to do within the 
time limited by the county commissioners, said commission- 
ers shall, on application therefor, appoint an agent other than 
either of said commissioners, to cause said road to be opened 
and made passable ; and if the same is done by contract, 
said commissioners shall certify to the assessors of such town 
or plantation, the sum contracted for, and the time within 
which said contract is to be completed. No account of such 
agent shall be allowed, without notice to the town interested. 
And such town shall be liable to pay all expenses of the 
same, and for neglect of thirty days to pay the same, the 
county commissioners may issue a warrant of distress against 
such town. lb. § 40. 

11. The assessors of plantations shall be held to perform all 
the duties required of selectmen of towns, relating to high- 
ways, lb. § 43. 

12. The county commissioners shall, on the 15th day of 
July, each year, assess upon all unincorporated townships a 
sum sufficient to keep in repair the county highways. Act, 
1844. 



126 MAINE TOWNSMAN. 

13. Any person aggrieved by any decision of county com- 
missioners, on an application to lay out, alter or discontinue 
any highways, may appeal to the district court held in the 
county where the location, alteration or discontinuance is 
prayed for. Act 1848. 

14. The parties, petitioners, or respondents may enter their 
appearance before the county commissioners on any such ap- 
plication, either jointly or severally ; and any party so en- 
tering an appearance may take an appeal from the decision 
of said county commissioners after the same shall be entered 
on record, and before the term of said district court then next 
to be holden in said county, and not afterwards. lb. 

15. In all cases of appeal, it shall be lawful for the dis- 
trict court at the term when such appeal shall be entered, to 
appoint a special committee of three disinterested persons, 
who shall proceed to view the route named in the original 
petition ; and after a hearing of the parties and their evi- 
dence, shall report at the next term of said district court, 
whether in their opinion the judgment of the county com- 
missioners shall be, in whole or in part, affirmed or reversed, 

16. Upon the acceptance of such report, judgment shall 
be entered accordingly by the district court, including judg- 
ment for costs as hereinafter provided, and the same shall be 
forthwith certified to the court of county commissioners. If 
such judgment shall be wholly against the location, alteration, 
or discontinuance in question, no further proceedings shall be 
had thereon by the county commissioners ; but if otherwise 
then the county commissioners shall proceed to lay out, al- 
ter, or discontinue such highway in whole or in part, as the 
judgment may be. lb. 

17. If the judgment upon such appeal shall be wholly 
against the laying out, altering, or discontinuing of the road 
prayed for, no petition, praying substantially for the same ac- 
tion, shall be entertained by the county commissioners, within 
two years from the rendition of judgment on such appeal. lb* 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS. J27 



CHAPTER XL. 
LIABILITY OF TOWNS TO REPAIR HIGHWAYS. 

1. Ways to be kept in repair. [ 11. Travellers warned of danger. 

2. Ways between towns repaired. : 12. Dangerous causeway or embank- 



3. If the towns do not agree. 

4. Division made when the road is lo- 

cated. 

5. Damages through defect of roads. 

6. One indictment at the same term. 

7. Fines appropriated. 

8. Assessment and collection of fines. 

9. If the assessors neglect ; warrant of 

distress. 
10. W T hen towns are not liable to an in- 
dividual. 



ment. 

13. When the town is liable for defect 

of ways. 

14. Notice of a defect. 

15. Towns not liable for heavy loaded 

teams. 

16. Penalty of riding over bridges faster 

than a walk. 

17. Indictment of town. 

18. Actions for injury, against whom. 



1. All highways, town ways, causeways and bridges, laid 
out or being within the bounds of any town or plantation, 
shall be duly opened and kept in repair, and amended from 
time to time, that the same may be convenient and safe for 
travellers and their horses, teams and carriages ; and in de- 
fault thereof such town or plantation shall, on presentment 
of the grand jury for the county in w T hich such town or 
plantation is, and on conviction thereof, be liable to pay 
such reasonable fine as the court may order. R. S. c. 25, 
§ 57. 

2. Whenever any highway shall be, or has been, laid out, 
on the dividing line between any two towns, or any town way, 
by the concurrent act of the selectmen of any two adjoining 
towns on each side of such dividing line, the selectmen of 
such towns shall have authority, for the purpose of making 
and maintaining such way, to divide the same, crosswise, for 
the purpose of assigning to each of said towns, by metes and 
bounds, their several parts of said way ; provided, such di- 
vision and assignment shall, within one year after the making 
thereof, be accepted by each of the towns concerned, at a le- 
gal meeting thereof. Said assignment and division shall 
hold each of said towns to repair and support their respective 
parts of said high or town way, as if their part lay wholly 
in such town. lb. § 58. 



128 MAINE TOWNSMAN. 

3. If the selectmen of said adjacent towns cannot agree on 
such division, or if either of said towns shall neglect or refuse, 
for one year, to accept of such division, the selectmen of 
either of said towns, may apply, in writing, to the county 
commissioners, who shall thereupon have power to make a 
just and equitable division, as aforesaid, and assign to each of 
said towns, by metes and bounds, their respective parts there- 
of ; first giving notice thereof to all persons interested, by 
publishing such written application, and the time and place 
for making such division, three weeks successively, in a news- 
paper printed in such county, or by serving a copy thereof 
upon the town clerks of said towns thirty days previous to 
the time appointed. lb § 59. 

4. The county commissioners may, if they see cause, lay 
out a highway on the dividing line between tw r o towns, a part 
of the width thereof in each of said towns ; and, at the same 
time may, without special notice therefor, make such division 
and assignment. lb. § 60. 

5. If any person shall receive any bodily injury, or suffer 
any damage in his property, through any defect or want of 
repair, or sufficient railing, in any highway, town way, 
causeway or bridge, he may recover, in a special action on 
the case, of the county, town or persons, who are obliged by 
law to repair the same, the amount of damage sustained 
thereby, if such town, county or persons, had reasonable no- 
tice of the defect or want of repair. If the life of any per- 
son shall be lost, through any such deficiency, the county, 
town or persons, liable to keep such highway, town way, 
causeway or bridge in repair, provided they had reasonable 
notice of such deficiency, shall forfeit not exceeding one 
thousand dollars, to be paid to the executor or administrator 
of the deceased, for the use of his heirs, to be recovered by 
indictment. lb. § 89. 

6. Only one indictment shall be presented, at any one 
term of any court, against any one town for neglect of open- 
ing highways, or causeways, or town ways, or keeping them 
in repair. lb. § 91. 

7. All fines imposed on any town or plantation, for defi- 
ciencies of highways and bridges in the same, or on any sur- 
veyor for the like cause, shall be appropriated to the repair- 
ing of such defective ways and bridges. lb. § 92. 

8. Whenever a fine shall be imposed on any town or plan- 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS. 129 

tation, for deficiency of its ways and bridges, the clerk of 
the court imposing the fine shall forthwith certify the same 
to the assessors of such town or plantation. The assessors 
shall, thereupon, assess the same upon the polls and estates 
of such town or plantation, like other town taxes, and certi- 
fy the same to the clerk of said court ; and shall cause the 
same to be collected by their collector, and paid over to the 
agent aforesaid, at such time as the court may order ; and if 
the same is not paid within the time limited by the court, the 
clerk may issue his warrant to enforce the collection thereof, 
lb. §§ 94, 95. 

9. If such assessors shall neglect to make such assess- 
ment, and certify the same to the clerk, and such town or 
plantation shall not cause the defective way or bridge to be 
repaired, within four months after notice of such fine, the 
court may issue a warrant of distress against such town or 
plantation for the collection of such fine and costs. lb. 
§ 96. 

10. Towns are not liable for damages occasioned to an in- 
dividual, if he was in fault, unless the injury resulted from 
the want of repairs. 2 N. H. R. 394. 

11. If a road or bridge is out of repair, travelers should 
be warned of their danger, by a railing or something else 
which may answer the purpose. This should be done by 
the surveyor, and the repairs made forthwith. 2 Fair. R. 
294. 

12. In New Hampshire a town is liable to be fined for neg- 
lect to cause any dangerous causeway or embankment in a 
highway to be railed. N. H. R-. S. c f 53, § 1. 

13. The town becomes answerable for an injury occasioned 
by the defect in any highway from the time it was opened for 
public travel. 13 Pick. 102. 

14. Notice to a town of the defect of any highway may be 
inferred from the notoriety of the defect and its continuance 
for any length of time. 13 Pick. R. 94. 

15. No town shall be liable for any damage to teams, or 
carriages, or their loads, by the insufficiency or want of re- 
pairs of any highway or bridge when the weight of the load 
upon said carriage shall exceed six tons. Act of March, 1843. 

16. If any person shall ride or drive any horse or horses, 
over or upon any bridge or bridges, now erected or which 
may be hereafter erected, in whole or in part by the state, 

12 



J 30 



MAINE TOWNSMAN. 



faster than a walk, he shall forfeit and pay for each offence a 
fine of three dollars, to be recovered by complaint in an ac- 
tion of debt, one half to the use of the complainant, and the 
other half to the use of the state : provided, there shall be 
erected and kept constantly exposed to view, in some con- 
spicuous place, at each end of said bridge or bridges, a 
board or sign, on which the substance of this regulation 
shall be fairly and legibly painted. Act June 3, 1848. 

17. Whenever an indictment shall be found against any 
town for neglecting to make or repair any road therein, the 
complainant shall not be allowed any fees as a witness be- 
fore the grand jury. And no fees shall be taxed for any 
other person as a witness before the grand jury in com- 
plaints against towns, unless such person shall be summoned 
by the county attorney or grand jury. Act July 27, 1848. 

18. No action shall be maintained against towns for any 
damage, by reason of any defect in any highway or bridge, 
except in the county in which said town is situated. Act 
1849. 



CHAPTER XLL 



OBSTRUCTIONS IN HIGHWAYS. 



1. Fences across a road removed. 

2. All obstructions to be removed by 

surveyor. 

3. Towns shall not deny the location 

of roads. 

4. Penalty for obstructing a road. 



5. When the passage of a road is dan- 

gerous, 

6. Pasturage on roads. 

7. Highways include bridges. 

8. No action maintainable for toll, 

when. 



1, It shall be lawful for any person to take down or remove 
any gates, rails, bars, or fence, upon or across any high- 
way, or town way, unless the same shall there be placed for 
the sake of preventing the spreading of any infectious dis- 
ease, or unless the same shall have been erected or contin- 
ued, by the license of the county commissioners of the same 
county, or of the selectmen of the town ; and any person 
aggrieved by such taking down or removal, may apply to 



OBSTRUCTIONS IN HIGHWAYS. \2\ 

said county commissioners or selectmen respectively, who, 
if it shall appear that such gates, rails, bars, or fences, were 
erected by license as aforesaid, may order the same to be 
replaced by the person who removed them. B,» S. c. 25 
§97. 

2. Whenever any logs, lumber, or other obstructions, shall 
be, unnecessarily, left on any highway or town way, it shall 
be the duty of the surveyor, within whose limits the same 
shall be left, or in his absence, of any other surveyor with- 
in the town, forthwith to remove the same. Such surveyor 
shall not be liable for any loss thereto, unless occasioned by 
his gross negligence, or by design. The surveyor so remov- 
ing the same, if no person appear to indemnify him for the ex- 
pense and trouble of removing, may sell by public auction 
so much of the same as shall indemnify him, with charges 
of sale, first giving notice of the time, place and cause of 
such sale, by posting notifications in two public places in said 
town, seven days at least prior to such sale. The person, 
through whose default said obstructions shall be so left, shall 
also be liable to be prosecuted, as at common law, for such 
nuisance. lb. § 98. 

3. If on the trial of any indictment, or action to recover 
damages for an injury received by reason of any deficiency 
or want of repair, in any highway, town way, causeway or 
bridge, it shall appear that the county, town or plantation, 
against which such suit is brought, has, within six years be- 
fore such injury, made repairs on such way or bridge, it shall 
not be competent for such town, county or plantation, to deny 
the location thereof. lb. § 101. 

4. If any person shall, wilfully and maliciously, break 
down, injure, remove or destroy, any bridge or railroad, or 
place any obstruction on any bridge, railroad or public road, 
with intent that persons or property passing thereon, shall be 
injured thereby, he shall be punished by imprisonment in the 
State prison, not more than three years, or by fine, not ex- 
ceeding five hundred dollars and imprisonment in the county 
jail not exceeding one year. lb. c. 161, § 3. 

5. Every surveyor, within his district, is hereby author- 
ized to remove any obstacle, either artificial or natural, which 
shall in any wise obstruct, or be likely to obstruct, or render 
dangerous, the passage of any highway or town way. lb. c. 
25, § 71. 



132 



MAINE TOWNSMAN. 



6. In a highway laid out through the lands of individuals, 
the public has only a right of passage. No person -has a right 
to pasture it, or to plough it, except for repairs, or to cut grass 
growing on it. 6 Pick. R. 57. 

7. " Highways " include bridges thereon. 

8. No process shall be maintained by any turnpike or toll 
bridge corporation, to recover the penalty for passing or at- 
tempting to pass the gate thereof without paying toll, unless 
said corporation shall have complied with the requirements of 
the act creating the same, and said turnpike or bridge is in 
such state of repair as the public safety and interest requires. 
Act 1849. 



CHAPTER XLII. 



SURVEYORS OF HIGHWAYS. 



Choice of surveyors of highways. 

Selectmen to assign limits and divis- 
ions. 

Form of assignment of limits. 

Form of appointment of surveyor. 

When selectmen are surveyors. 

Highway taxes apportioned. 

Two-thirds expended before 1st July. 

Surveyor to give notice* 

Form of committing lists to survey- 
ors. 

Money unexpended. 

Neglect to pay over surplus; penalty. 

Surveyor to account with selectmen. 

Surveyor to return lists of delin- 
quents. 

Surveyor to remove obstacles. 

Surveyor may dig for materials. 

Water courses not to injure others. 

If the sum raised be insufficient for 
repairs. 



18. Towns may raise cash taxes. 

19. Abatement for wide-rimmed wheels. 

20. Surveyors may distrain for taxes. 

21. Form of warrant of distress for 

taxes. 

22. Surveyors return on warrant. 

23. Surveyor cannot call on town in 

certain cases for indemnity. 

24. Surveyor may remove trees. 

25. When the tax is not sufficient; sur- 

veyor's duty. 

26. Surveyor is sole judge of his duties. 

27. Surveyor not to abuse his power. 

28. Ways blocked up with snow. 

29. Apparatus for clearing roads. 

30. Duty of surveyor to remove obstruc- 

tions. 

31. Damages recoverable. 

32. Surveyor has no remedy — when. 



L There shall be chosen in each town, at the annual meet- 
ing, two or more suitable persons to be surveyors of high- 
ways ; to be notified and sworn like other town officers ; and 
in case any one refuse to accept, he shall forfeit ten dollars 
for the use of such town ; but no person shall be held to serve 
in said capacity more than once in three years. In all cases 



SURVEYORS OF HIGHWAYS. J33 

where vacancies occur of surveyors in any town, the select- 
men are authorized to appoint one or more surveyors to fill 
such vacancies. R. S., c» 25, § 62. 

2. The selectmen of every town before, the first day of 
May, annually, shall, in writing assign to each surveyor, his 
divisions and limits ; which assignment he is hereby required 
to observe. lb. § 63. These divisions and limits should be 
assigned and recorded by the selectmen. The power of the 
surveyor does not result from this act of the selectmen. It 
merely constitutes him sole judge of the duty to be performed 
within his limits. 

3. The form of assignment of the surveyor's divisions and 
limits may be as follows : 

To A. B., one of the surveyors of highways in the town 

of : The division and limits No. 1, in the town of , 

which are to be kept in repair by you for the present year, 
are as follows, to wit : {here insert the hounds.) 



A. B.j 
C. D. V 
E. F.) 



Selectmen of 



Given under our hands, this day of , A. D. 18 — . 

4. The form of appointment of surveyor to fill a vacancy 
may be as follows : 

To A. B., of the town of-- : Whereas, a vacancy has 

occurred in district No. 1, in said town, of a surveyor of 
highways ; we, the selectmen of said town, agreeably to the 
authority vested in us by law, do hereby appoint you a sur- 
veyor of highways in said district, No. 1, to fill the vacancy 
which has occurred therein ; and you are to po^siess all the 
powers and execute all the duties appertaining to said office. 

A. B. \ 

C. D. > Selectmen of . 

E. F. ) 
Given under our hands, this day of , A. D. 18 — . 

5. Whenever any town shall elect the selectmen to be sur- 
veyors of highways, they may, in writing, delegate their 
power, or any part thereof, to such persons as they deem 
proper. lb. § 64. 



134 MAINE TOWNSMAN. 

6. Every town shall raise such sum of money to be ex- 
pended in labor and materials on the highways and town 
ways, as they shall determine to be necessary ; and the asses- 
sors shall assess the same on the polls and estates, real and 
personal, of the inhabitants, residents and non-residents of 
their town, as other town charges are by law assessed, 
and shall deliver to each surveyor a list of the persons, and 
the sums at which they are severally assessed, to be expend- 
ed within his limits, on or before the first day of June in each 
year ; except in Portland. lb. § 65. 

7. At least town-thirds of the sums granted by any town 
for making and repairing ways, shall be laid out and expend- 
ed for that purpose before the first day of July next after 
granting the same. lb. § 66. 

8. The surveyor shall give reasonable notice, in writing if 
desired, to each person on his list, resident in the town, of the 
sum he is assessed to the highways, and the town ways, and 
also forty-eight hours' notice, extraordinary casualties ex- 
cepted, of the times and places he shall appoint, for provid- 
ing materials, and laboring on the same ; to the end that each 
person may work thereon, in person or by substitute, or with 
his horses, oxen, cart or plow, at the prices affixed by the town 
to such labor or materials, to the full amount of the sum to 
which he is assessed ; or he may pay the surveyor in money 
the sum he is assessed, which the surveyor shall expend, ac- 
cording to his best discretion, in labor or materials, for re- 
pairing the ways in his limits. lb. § 67. 

9. The form of committing lists to surveyors of highways 
may be as follows : 

To A. B., one of the surveyors of highways of the town 
of — - — : The following is the list of the persons, and of the 
sums against whose names they are set, at which they are 
severally assessed, to be expended in labor and materials on 
the highways and bridges in said town, within the limits as- 
signed you by the assessors of said town. 

You are to give reasonable notice in writing, if desired, to 
each person on your said list, resident in said town, of the 
sum he is assessed on the said list to the highways and town 
ways, and also forty-eight hours' notice of the times and 
places you shall appoint, for providing materials, and labor- 
ing on the same, that each person may have opportunity to 
work thereon, in person, or l^y substitute, or with his oxen, 



SURVEYORS OF HIGHWAYS. 



135 



horses, cart or plow, at the prices affixed by the town to such 
labor or materials, which are as follows, to wit : [here slate 
the prices voted by the town,] and in case of payment in mon- 
ey of any sum or sums thus assessed, the same you are to 
expend, according to your best discretion, in labor or mate- 
rials, for repairing the ways within your limits. You are to 
cause at least two-thirds of the sum committed to you on said 
list for making and repairing the ways, to be laid out and ex- 
pended before the first day of July next, and the residue be- 
fore the . 

You are to exhibit this rate bill to the selectmen of said 
town, on the first Monday of July next, and also at the expi- 
ration of the term for which you have been appointed ; and 
at those times, respectively, render an account of all moneys 
that may have been expended by you on the ways ; and also 
at the expiration of your term of office, you are to render to 
the assessors, a list of such persons as have been deficient, 
on due notice, in working out, or otherwise paying their high- 
way tax. And if any money shall remain unexpended in 
your hands after the expiration of your term of office, you are 
to pay the same to the treasurer of said town. 

Given under our hands, this day of , 18 — . 

A. B.) 

C. D. > Assessors of . 

E. F.j 

HIGHWAY TAX. 



Names. 


Polls. 


Poll tax. 


Real estate. 


Personal. 


Total. 


A. B. 

C. D. 


1 
1 


0,87 
87 


4,75 
2,90 


3,91 
1,10 


9,53 

4,87 



10. If any money shall remain unexpended, in the hands 
of the surveyors, after the expiration of their office, they shall 
pay the same to the town treasurer. lb. § 79. 

11. If any surveyor shall neglect to pay over such sums 
to the treasurer for the time being, on demand, such trea- 
surer may recover the same, with twenty per cent, in addi- 
tion thereto, in action for money had and received, to be 
commenced in the name of and for the use of the inhabitants 
of the town. lb. $ 80. 



136 MAINE TOWNSMAN. 

12. Every surveyor who shall receive his rate bill, shall ex- 
hibit the same to the selectmen, on the first Monday of July, 
annually, and also at the expiration of the term for which he 
may have been appointed ; and, at those times, respectively, 
shall render an account of all moneys that may have been 
expended by him, on the ways. If he unreasonably neg- 
lect so to do, he shall, for each offence, forfeit twenty dol- 
lars for the use of the town, to be recovered with costs, in 
an action of debt, to be prosecuted in the name of the town, 
by the treasurer thereof. lb. § 81. 

13. The surveyor, at the expiration of his term, shall ren- 
der to the assessors a list of such persons, if any, as shall 
have been deficient, on due notice, in working out, or other- 
wise paying their highway taxes ; which deficient sum shall 
be placed by the assessors in a distinct column, in the next 
assessment of a town tax upon such delinquents, and col- 
lected like other town taxes, and paid into the town treasury, 
lb. § 70. 

14. Every surveyor within his limits may remove any ob- 
stacle. See c. 38, § 5. 

15. Every surveyor may dig for stone, gravel or other 
materials, suitable for making or repairing the roads, in any 
land not planted, nor inclosed, and the same may remove 
to any place on the roads in his district, where he may judge 
it necessary ; provided, however, if the land where such 
materials are dug up, be not within the limits of the highway 
or town way, as laid out, the proprietors thereof shall be en- 
titled to an equivalent in money from the town, to be recov- 
ered after demand on, and refusal by the surveyor, in an ac- 
tion on the case, as on an implied promise. R. S. c. 25, § 72. 

16. No surveyor of highways shall, without the approba- 
tion of the selectmen first being had in writing, cause any 
water-course, occasioned by the wash of a highway or town 
way, to be so conveyed by the side of such way, as to in- 
commode any person's house, store, shop, or other building, 
or to obstruct any person in the prosecution of his business ; 
and any person aggrieved by the conveying of such water- 
course, in manner aforesaid, may complain to the selectmen, 
who, on receiving such complaint, shall view the water-course 
complained of, and after due examination of the same, may 
direct the surveyor to alter such water-course in such manner 
as they shall determine. lb. § 73. 



SURVEYORS OF HIGHWAYS. 137 

17. When the sum appropriated and assessed for the re- 
pair of highways and town ways, in the limits of any sur- 
veyor, shall be insufficient, such surveyor may, with the 
consent of the selectmen obtained in writing, employ in- 
habitants of the town, upon repairs of ways in his limits, 
to an amount of labor not exceeding fifteen per cent,, in ad- 
dition to the highway tax, committed to him to make up the 
deficiency. 

The persons thus employed, shall be paid a reasonable 
compensation from the town treasury, or in such other mode 
as the town may have previously prescribed. lb. § 74. 

18. Towns may raise such sums of money, from time to 
time, as they may deem necessary to be laid out in making 
and repairing highways, or town ways, including bridges, in 
such towns ; and may direct the same to be assessed upon 
polls and estates as other highway taxes are ; and the same 
shall be expended for the purpose aforesaid, by the selectmen, 
lb. § 75. 

19. Any town, at an annual meeting, may authorize their 
assessors to abate any part, not exceeding three dollars, of 
the road tax of any inhabitant thereof, whether payable in 
money or otherwise, provided such inhabitant shall exhibit to 
such assessors satisfactory proof of his owning, and exclu- 
sively using, on the public roads, cart wheels having felloes, 
not less than six inches in width, during the year for which 
the tax may be assessed. lb. § 76. 

20. Every town may authorize their surveyors to collect 
all such taxes as shall not be paid in labor or otherwise, 
within the time limited by law, or at such periods as may be 
agreed upon by the town ; and for that purpose the assessors 
shall deliver to them warrants of distress, w r hich shall be in 
substance like the warrants prescribed by law for collecting 
other town taxes ; or they may deliver a warrant for collect- 
ing the deficiency of any highway tax to the collector, 
who shall then proceed to collect the same in like manner 
as other taxes are to be by law collected ; and shall pay over 
the same to their respective surveyors, who shall be held to ac- 
count with the selectmen for the expenditure thereof. lb. § 78. 

21. The form of such warrant may be as follows : 
York, ss. To A. B., surveyor of highways of the town 

of , in the county of York : Greeting. 

In the name of the State of Maine, you are hereby re- 



138 MAINE TOWNSMAN. 

quired to collect of the several persons named in the list, 
herewith committed unto you, each one his respective por- 
tion therein set down of the sum of dollars, voted by 

the inhabitants of said town, on the day of last, for 

repairing the highways, town ways and bridges, in said town. 

You first having given reasonable notice to each person 
herein named of the sum he is assessed to highways and 
town ways, and also forty-eight hours' notice of the times 
and places you may appoint for providing materials and la- 
boring on the same within the limits assigned you by the as- 
sessors of said town, for the present year. 

You are to allow the several persons for work and labor 
according to the vote of the town, as follows, to wit : (here 
insert the provisions of the vote of the toivn,) you are to cause 
at least two-thirds of said sum to be expended, as aforesaid, 
on or before the first day of July next. You are to exhibit 
this warrant with your doings thereon to the selectmen of 
said town, on the first Monday of July next, and also at the 
expiration of your term of office, and render^an account of 
all moneys expended by you on said ways ; and also, at the 
expiration of your term of office, to render to the assessors 
a list of such persons as have been deficient in working out, or 
otherwise paying their highway taxes ; and if any money re- 
mains unexpended at the expiration of your term of office, you 
are to pay the same to the assessors' of said town ; and if any 
person named in said list shall refuse or neglect to pay the 
sum he is so assessed in said list, you are to collect the same 
by distress and sale of the goods and chattels of the person 
so neglecting, to the value thereof, and the distress so taken, 
to keep for the space of four days, at the cost and charge of 
the owner : and you are to sell by public auction, the distress 
so taken, for the payment thereof, with charges, notice of 
such sale being posted in some place, in said town or plan- 
tation, forty-eight hours next before the sale and expiration 
of the four days aforesaid : and the overplus arising from 
such sale, if any there be, besides the sum assessed, and the 
necessary charges of taking and keeping the distress, you 
are immediately to restore to the owner. 

Given under our hands, this day of . 

A. B. \ 

C. D. > Assessors of . 

E. F. ) 



SURVEYORS OF HIGHWAYS. 139 

22. When any distress is made by a surveyor, he must 
make a return of his doings on the warrant, and this return 
should state the notice, as in the warrant, and all the facts, 
fully and explicitly. 15 Maine R. 248. 

23. A surveyor has no authority to repair a way at his 
own expense, and then to call upon the town for indemnity ; 
and where a surveyor, before his limits were assigned, re- 
paired a way which did not come within his limits, he was 
without remedy. 4 Pick. R. 149. 

24. A surveyor may cut and remove trees growing in a 
highway, to repair the road, and if he convert the wood to 
his own use, he will be a trespasser. 1 N. H. R-. 16. 

25. If the road in any district is out of repair, and the 
highway tax is not sufficient to repair it, the surveyor should 
immediately notify the selectmen, who shall cause the re- 
pairs to be made at the expense of the town. 

26. A surveyor is the sole judge of the duties to be per- 
formed within his district. 1 Pick. R. 426. 

27. If the public safety and convenience require a level- 
ing of the road, he should not abuse his authority, to injure 
property bordering on the road. 1 Pick. R. 428. 

28. When highways or town ways in any town are block- 
ed up or incumbered with snow, the surveyor within whose 
limits the same may happen, shall forthwith cause so much 
thereof to be removed, or trodden down, as will render the 
roads passable in such way and manner as the town may di- 
rect : otherwise, at his discretion. In case of sudden injuries 
to roads and bridges, he shall cause the same without delay, 
to be repaired. R. S. c. 25, § 68. 

29. There shall be furnished and kept in repair, in each 
surveyor's district, through which there is a mail-route, in any 
town, some effectual apparatus for opening roads obstructed 
with snow, and it shall be the duty of the surveyors of high- 
ways, whenever the roads are so obstructed, to make use of 
the same in the districts aforesaid, and break and keep open 
said roads to the width of at least ten feet. lb. § 69. 

30. For duty of the surveyor, to remove obstructions, see 
c. 41, §2,5. 

31. If any commissioner or surveyor of highways shall 
raise or lower any road or street in any city or town, to the 
damage of the owner or owners of the adjoining land, said 
owner or owners may apply to the mayor and aldermen of 



140 



MAINE TOWNSMAN. 



cities or selectmen of towns ; and the mayor and aldermen 
or selectmen, shall proceed to examine such road or street, 
and assess the amount of damages, if any, which shall be 
paid by the city or town to said owner or owners, and their 
award shall be deemed final. Act 1846. 

32. A surveyor of highways, who, after expending the as- 
sessments committed to him for the repair of the road, and 
finding the same to be insufficient, is directed by the selectmen 
to proceed in the work, and thereupon expend a further sum, 
has no remedy against the town for remuneration, unless such 
direction was in writing. 30 Maine R., 157. 



CHAPTEE XLIII. 



ROAD COMMISSIONERS. 



1. Towns may elect road commission - 

ers. 

2. Their powers, duty and compensa- 

tion. 

3. Mode of proceedings. 



4. Notifying non-residents. 

5. Delinquent taxes. 

6. Discount for prompt pay. 

7. Selectmen to appoint chairman. 



1. Any town at its annual meeting, may, if they see cause, 
elect by ballot one or more road commissioners, not exceed- 
ing five, in lieu of surveyors of highways. Said commis- 
sioners shall be duly sworn ; and vacancies in the board may 
be filled in like manner, during the year, at any town meet- 
ing, duly notified. E. S. c. 25, § 82. 

2. Such road commissioners shall have all the right and 
powers, and be subject to all the duties of surveyors of high- 
ways. They shall be liable to the same penalties for neglect. 
For their services they shall receive such compensation as 
the town shall provide ; and they may assign the care and 
oversight of any of the roads in town, to any of their num- 
ber, lb. § 83. 

3. The town assessors shall, on request, deliver to the com- 
missioners a rate bill of all highway taxes, payable in labor 
or materials, with a statement of the rates and prices affixed 
to the same by the town. If there be more than one com- 



ROAD COMMISSIONERS. J4J 

missioner, they may assign and distribute to any of their 
number, the collection of said rate bill, or any part thereof ; 
who shall notify the persons taxed, and require of them the 
like services, as a surveyor may do, within the limits assigned 
him by the selectmen ; and whose certificate to the asses- 
sors shall be evidence of such notice, and of the neglect of 
any person taxed, who may not comply therewith. lb. § 84. 

4. When any persons taxed on said rate bills are non-resi- 
dent proprietors of real estate in said town, or are absent, 
leaving no agent or attorney, duly entered with the town 
clerk, or otherwise known to the road commissioners, they 
may notify them of their taxes and the times and places for 
them to discharge the same, by posting advertisements in two 
or more public places in town. If no person shall appear 
within twenty days thereafter to discharge said taxes, the 
road commissioners may make return of such notice and 
neglect to the assessors, as in section three. lb. § 85. 

5. Said delinquent road taxes may be collected in the same 
manner as other taxes assessed by towns are collected, by 
any town collector or one of said road commissioners, or 
such other person as said road commissioners may designate 
to the assessors, as collector of delinquent highway taxes* 
Said collector shall be sworn, and give bond to the town for 
the faithful discharge of his duties, as said road commis- 
sioners shall direct and approve. The assessors shall duly 
commit such delinquent taxes with their warrant to enforce 
the collection thereof, to the collector thus designated ; who 
shall possess the same powers as other collectors of town 
taxes ; and shall render his account and make payment of 
such sums as he may collect to the road commissioners, un- 
til the next annual town meeting, and afterwards to the town 
treasurer. Such treasurer shall have the like powers, and 
be under the like obligations, to compel such account and 
payment as he has in regard to the collector of town taxes, 
lb. § 86. 

6. Any town choosing road commissioners may, at their 
annual meeting, authorise the said commissioners to receive 
money in payment of any tax, to them committed, in lieu of 
the labor or materials, specified in the rate bill, at such uni- 
form discount from the nominal prices and rates of such la- 
bor and materials, fixed by the town, as it may determine : 
provided the same shall have been paid before the amount 

13 



142 



MAINE TOWNSMAN. 



shall have been certified to the assessors as delinquent. lb 
§87. 

7. When any town shall have more than one road com- 
missioner, the selectmen shall designate one of them to be 
chairman, who shall keep the rate bills and accounts, and 
receive all monies paid on account of said rate bills, and 
give bond to the town for the faithful performance of all his 
duties, in such sum, and with such sureties, as the selectmen 
shall approve. When only one commissioner shall serve, 
he shall give bonds in like manner. lb* § 88. 



CHAPTER XLIV* 



GUIDE POSTS. 



1. Towns shall erect guide posts. 

2. Duty of the selectmen. 

3. Form of inscription of a guide post. 

4. Neglect of towns to erect guide 

posts. 



5. Plantations liable. 

6. Injury to guide posts. 

7. Form of complaint for injury to a 

guide post. 



1. Every town shall erect and maintain guide posts on the 
highways, and other ways, within the town, at such places as 
shall be necessary or convenient, for the direction of travel- 
ers. R. S. c. 25, § 102. 

2. The selectmen of each town shall determine upon such 
places for the erection and maintenance of guide posts there- 
in, as in their judgment shall be found convenient and neces- 
sary ; and shall cause a fair record of their determination to 
be entered and kept on the books of the town clerk. For 
any neglect, the selectmen shall forfeit and pay to the use of 
the State, at the rate of five dollars a month during such neg- 
lect, to be recovered by indictment. lb. § 103. 

3. At each place thus determined upon and recorded, the 
town shall cause to be erected a substantial post, of not less 
than eight feet in height, near the upper end of which shall 
be placed a board or boards, upon which shall be legibly and 
plainly painted, in black letters upon a white ground, the 
name of the next town on the route, and such other town} 



GUIDE POSTS. 143 

place of note, as the selectmen shall think proper, together 
with the distance or number of miles to the same ; also the 
figure of a hand with the forefinger thereof pointing to such 
town or place : Provided, nevertheless, that the inhabitants 
of any town, at any annual meeting, may agree upon some 
suitable substitute for such guide posts. lb. § 104. 

4. Every town which shall neglect or refuse to erect and 
maintain such guide posts, or some suitable substitutes there- 
for, in the places recorded and determined on as aforesaid, 
shall forfeit and pay to the use of the State, five dollars for 
each and every guide post they shall so neglect or refuse to 
erect and maintain, to be recovered by indictment. lb, 
§ 105. 

5. Every plantation, assessed in any public tax, shall be 
under the same obligations to erect and maintain guide posts, 
as towns are. lb. § 106. 

6. If any person shall, wilfully and maliciously, injure or 
deface any mile stone, or guide board, erected on any public 
way, turnpike or railroad, he shall be punished by imprison- 
ment in the county jail, not more than one year, and by fine, 
not exceeding one hundred dollars. lb. c. 162, § 8. 

Form of complaint for injuring a guide board : 

A. B., of , complains, that C. D., of , on the 

day of , with force and arms, at , a certain 



guide board, of the value of , there before that time 

erected on a certain public way, and situate at a place called 

, in said town of , at the corner or angle of the 

* and roads, did maliciously and wantonly injure 

and deface, against the peace of said State. 



144 MAINE TOWNSMAN. 



CHAPTER XLV 

LAW OF THE ROAD. 

i. Travellers in carriages to pass on the I 6. Restrictions upon travellers, 
right. 

2. Law~of the road applies to streets. 

3. Meaning of the travelled part of the 

road. 

4. Travelling on the left side of the 

road. 

5. Travellers passing each other. 



Penaltv. 

8. Proviso. 

9. The father may sue for damages — 
when. 

10. When one cannot turn to the right. 

11. When one cannot recover for injury. 



1. Whenever any persons shall meet each other on any 
road or bridge, traveling with any vehicles, each person, so 
meeting, shall turn or drive his vehicle to the right of the 
middle of the traveled part of such road or bridge, so that 
said vehicles may pass each other without interference. R. 
S. c. 26, § 1. If one of them by omitting this care, be in- 
jured in his person or property, he is without legal remedy ; 
and if he injure the other, he is liable to pay damages. 11 
Maine R., 338. 

2. The law of the road applies to streets of cities and popu- 
lous villages. 

3. By the " travelled part of the road," is intended that 
part of the road which is usually used for traveling. 4 Pick. 
R. 126. 

4. If a man travel on the left side of the road he must not 
interfere with any person lawfully passing on that side ; if he 
does, he is answerable for damages. 2 Fair. R. 339. 

5. Whenever any person traveling with any vehicle shall 
overtake any other person traveling with such vehicle at a 
slower rate, and shall request such other person to permit 
him to pass, the person so overtaken shall turn to the right 
or left of the middle of the travelled part of the road or 
bridge, or stop for the other person to pass by. E. S. c. 
26, § 3. 

6. The selectmen of any town may prohibit any person 
from riding or driving any horse at a pace faster than a walk, 



LAW OF THE ROAD. I45 

over any bridge covered with plank for the length of fifty 
feet ; such bridge being part of any highway or town way 
within said town. lb. § 9. 

7. Penalty for violation, not exceeding five dollars, may be 
recovered by the inhabitants of such town ; provided that a 
board, painted in black letters, on white ground, be kept at 
each end of said bridge, giving notice of such liability. lb. 
§ 10. 

8. No person shall be so liable, driving after sunset or be- 
fore sunrise, unless he had knowledge of such prohibition and 
penalty. lb. § 11. 

9. The father of a minor daughter may maintain an ac- 
tion against a person, for loss of her services, by an injury in 
being thrown from a vehicle, while traveling on the road, in 
consequence of a collision with the defendant's team, occa- 
sioned by his carelessness. 25 Maine B,., 39. 

10. When it is not practible for a person, meeting another 
with a team on the road, to turn to the right of the middle of 
the road, he should stop a reasonable time, at a convenient 
part of the road, to enable the other person to pass, and with- 
out any request from him. lb. 

11. One who is injured in consequence of a collision, can- 
not maintain an action unless he had taken ordinary care to 
avoid the collision, though he was traveling in the manner 
prescribed by statute, and the other was not. lb. 



146 



MAINE TOWNSMAN, 



CHAPTER XLVI. 



RAILROADS AND STEAMBOATS. 



1. Consent of the owner of land neces- 

sary. 

2. Railroad crossings. 

3. Alteration of crossings. 

4. Gates erected and agent stationed. 

5. Injury by any railroad company. 

6. Railroad company to erect fences. 

7. Other regulations. 



8. Wilful obstructions. 

9. Railroad companies shall report in- 

juries. 

10. Companies shall pay certain fees. 

11. Injury by Steamboat. 

12. Forfeiture for injuries on Railroads 

or Steamboats. 



1. No railroad corporation shall take and hold any meet- 
ing house, dwelling house, or burying ground without the con- 
sent of the owners. R. S. c. 81, § 5. 

2. Any railroad corporation may raise or lower any way 
for crossings, and as soon as may be shall put the same in 
as good repair and condition as before such alteration ; and 
on the completion thereof shall give notice to one of the se- 
lectmen ; and if they require further alterations or amend- 
ments they shall give notice thereof in writing to the agent 
or clerk of such corporation, and in case of disagreement, 
either of them may apply to the county commissioners, who, 
after notice, shall determine the case and award costs to the 
prevailing party ; and if said corporation shall unnecessarily 
neglect to do the same, the aggrieved town may recover 
damages in an action on the case. lb. §§ 8, 9, 10. 

3. If any such corporation is desirous of altering the course 
of any highway or town way to facilitate the crossing, they 
may alter the same, as the county commissioners shall deter- 
mine, after notice to the selectmen of the town where such 
road is situate. lb. § 12. 

4. If the selectmen are of opinion that gates should be 
erected across the railroad, and an agent stationed to open and 
close the gates, they may, by writing, delivered to the clerk 
or agent of said corporation, request such gates to be erected 
and agent stationed ; and if said corporation fail so to do, 



RAILROADS AND STEAMBOATS. ^47 

said selectmen may apply to the county commissioners, who, 
after notice and hearing, may decide upon the reasonableness 
of such request ; and if they decide that the erection of 
such gates and providing such agent are necessary, said cor- 
poration shall comply with said decision, and pay costs ; 
otherwise the selectmen shall pay the costs of application. 
lb. § 19. 

5. When any injury is done to the building or other prop- 
erty of any person by an engine of such company, said cor- 
poration shall be liable. Act 1842. 

6. Every railroad corporation shall erect and maintain 
substantial, legal and sufficient fences on each side of the 
land taken for railroad. Act 1842. 

7. Every railroad corporation shall draw the train of any 
other road authorized to connect with their road. lb. c. 9. 

8. If any person shall wilfully displace any rail or railway 
switch, or wilfully injure or obstruct any railroad track, he 
shall be punished by confinement in the State prison ; and if 
by such act any person is killed, he shall be deemed guilty 
of murder. Act 1846. 

9. Every railroad corporation shall make an annual report 
to the secretary of state of the operations of the year, end- 
ing on the first day of January, which report shall be verified 
by the oath of the treasurer of the corporation, and filed in 
the office of the secretary of state, twenty days before the 
annual meeting of the legislature, and shall state, among 
other things, the number of persons injured in life or limb, 
the cause of injury, and whether passengers or persons em- 
ployed, and whether any such accidents have arisen from 
carelessness or negligence of any person in the employ of 
the corporation, and whether such person is retained in the 
service of the corporation. Act 1849. 

10. All railroad companies shall pay all fees and other ex- 
penses of the commissioners which shall be incurred in the 
settlement of all questions between said companies and the 
owners or occupants of land through which said railroads 
are located : provided, however, that when an appeal from 
the decision of the county commissioners is taken to a jury 
upon the question of damages, the losing party shall pay the 
costs of said appeal. Act 1850. 

11. If the captain or any other person having charge of 
any steamboat, or if the engineer or other person having 



148 MAINE TOWNSMAN. 

charge of the boiler, shall, from ignorance or gross neglect, 
or for the purpose of excelling any other boat in speed, 
create such an undue quantity of steam as to burst or break 
the boiler, by which human life shall be endangered, every 
such person shall be punished by imprisonment in a county 
jail not exceeding one year, or by fine not exceeding two 
hundred and fifty dollars, or by both such fine and imprison- 
ment ; and if by reason of such bursting, any person shall 
be killed, he shall be deemed guilty of manslaughter in the 
second degree, and shall be punished by imprisonment in 
the state prison for a term not more than four years, nor less 
than two years. Act 1848, § 1- 

12. If the life of any person shall be lost through igno- 
rance or gross neglect on the part of the captain or other 
person having charge of any steamboat, or on the part of 
the engineer or other person having charge of the boiler of 
such boat, or on the part of the engineer, or other person 
having charge of the locomotive engine upon any railroad in 
this state, or on the part of the conductors or other person 
having charge of any car or train of cars upon such railroad, 
the owner or owners of such steamboat or railroad shall for- 
feit not exceeding two thousand dollars, to be paid to the ex- 
ecutor or administrator of the deceased, for the use of his 
heirs, to be recovered by indictment. lb. § 2. 



CHAPTER XLVII. 
TURNPIKES. 

1. When turnpikes intersect the high- | 3. Discontinuance of turnpike. 

way. 4. Toll bridges lighted. 

2. Exemptions from toll. I 5. Surrender of turnpikes. 

1. When any turnpike road shall intersect any highway 
or townway, the proprietors shall so construct the same that 
it shall be convenient for travelers to pass from such way to 
such turnpike road. E. S. c. 80, § 9. 

2. No toll shall be received at any turnpike road from any 



TURNPIKES. 149 

foot passenger, nor from any person riding to his usual 
place of public worship, or passing such gate on military 
duty, nor from any elector going to or returning from town 
meeting, nor from any person residing in the town, unless 
he is going or returning from beyond the limits of any town. 
lb. § 14. 

3. When any turnpike road shall be discontinued, the land 
shall revest in the former owners. lb. § 32. 

4. Every covered toll bridge shall be suitably lighted 
from twenty minutes after sunset until ten o'clock in the 
evening. Penalty for neglect of lighting each evening, two 
dollars, to be recovered against the corporation by an action 
of debt, to the use of the person who shall sue therefor. lb. 
§38. 

5. Whenever any turnpike corporation, shall offer to sur- 
render the turnpike to the county or counties within which 
the same shall be situated, free of cost and incumbrance, it 
shall be the duty of the county commissioners of such coun- 
ty or counties to accept the same to be thereafter maintained 
at the expense of such county or counties, provided they 
shall upon proper inquiry adjudge such acceptance to be for 
the public convenience and interest. Act 1850. 



CHAPTER XLVIII. 

FERRIES. 

1 Towns to provide ferrymen. I 3. Penalty for not keeping a ferry. 

2. Ferries between towns. J 4. Steam or horse ferry. 

1. Whenever the commissioners of any county shall judge 
it necessary to establish a ferry and no person shall appear 
to keep the same for the stated profits thereof, the town or 
towns where such ferry may be, shall provide one or more 
persons to keep and to attend the same, at such place and in 
such times of the year as the commissioners shall order ; 
which persons shall be licensed, as aforesaid. The expense 
of maintaining such ferry, beyond the amount received 



150 



MAINE TOWNSMAN. 



for tolls, shall be paid by such town or towns. R. S. c. 27, 
§6. - 

2. When any such ferry shall be established between two 
towns, they shall maintain the same, either jointly or alter- 
nately, and in such proportions as the commissioners shall 
order. lb. § 7. 

3. Any town neglecting to maintain such ferry, or their 
proportion of the same, shall forfeit for each month's neg- 
lect forty dollars, to be recovered by indictment in the dis- 
trict court. lb. § 8, 18, 

4. No ferry to be established within a mile of a ferry which 
has a horse or steam ferry boat on it. Act 1842. 



CHAPTER XLIX. 



AaUEDUCTS. 



1. Proprietors of aqueducts incorpora- 

ted. 

2. Form of application. 

3. Justice may issue warrant. 

4. Form of warrant. 



5. Form of notification. 

6. Officers. 

7. May dig up highways. 

8. Injuring an aqueduct ; penalty. 

9. Towns may draw water, in fires. 



1. Any persons associated by agreement in writing, as 
proprietors of an aqueduct for the purpose of conveying fresh 
water into or within any town, or ot any funds for establish- 
ing such aqueduct, may apply in writing to some justice of 
the peace for the county in which said aqueduct is situate or 
proposed to be made ; stating the name and style of their 
association, and the objects of their preposed meeting ; and 
requesting such justice to issue his warrant to one of the 
applicants directing him to call such meeting. R. S. c. 83, 

2. The form of application to a justice may be as follows : 

To C. E., Esquire, one of the justices of the peace, within 
and for the county of Cumberland, State of Maine : 
The subscribers, associated by agreement in writing, as 

proprietors of [or of funds for establishing] an aque- 



AaUED 151 

duct, under the name and style of , request you to issue 

a warrant to one of the said proprietors, hereby applying to 
you, directing him to call a meeting of said proprietors, to 

be held at , in — , on the day of , 18 — , at 

o'clock in the noon, for the following objects, to 

wit : [here state the purpose of the meeting.] 

A. B., 
C. D. 

3. Such justice may, thereupon, issue his warrant accord- 
ingly, stating therein the time, place and object of such meet- 
ing, and the proprietor to whom the warrant is directed shall 
notify said meeting by posting the substance of said warrant, 
with his notice annexed thereto, seven days at least before 
the said meeting, in some public place in every town in which 
said aqueduct, or any portion thereof, may be, or is proposed 
to be made. lb. § 1. 

4. The form of warrant by the justice may be as follows : 

State of Maine. 

ss. To A. B., of , in said county, one of the pro- 
prietors of the aqueduct association : 

Whereas, C. D. and E. F., associated by agreement, in 
writing, as proprietors of an aqueduct under the name and 

style of the aqueduct association, have applied to me, 

C. E., Esquire, one of the justices of the peace within and 
for said county, requesting me to issue a warrant to you, be- 
ing one of said applicants, directing you to call a meeting of 

said proprietors, according to law, to be held at the , of 

, on the day of next, at o'clock in the 

noon, for the purposes aforesaid. You are hereby re- 
quired to notify the proprietors aforesaid to meet at the time 
and place, and for the purposes aforesaid. 

Dated at aforesaid, the day of , A. D. 18 — . 

C. E., Justice of the Peace. 

5. Notification. Pursuant to the foregoing warrant to me 
directed, I do hereby notify the proprietors aforesaid to meet 
at the time and place, and for the purposes aforesaid. 

Dated at , this day of 18—. A. B. 

6. The proprietors aforesaid, duly assembled in pursuance 



152 MAINE TOWNSMAN. 

of such warrant, and their successors, shall be a corporation, 
and may choose a clerk, (who shall be sworn) directors and 
other officers. lb. §§ 4, 5, 6. 

7. Any corporation may, with the written consent of the 
selectmen of the town, dig up and open any street or way, 
for the purpose of placing such pipes as may be necessary 
in constructing such aqueduct, or for repairing or extending 
the same ; provided, the same be done in such manner as 
not to prevent the convenient passing of teams and carriages, 
lb. § 11. 

8. If any person shall maliciously injure such aqueduct, 
or any of its appurtenances, he shall forfeit a sum not 
exceeding twenty dollars, for the use of the town, to be 
recovered by indictment ; and he shall also be liable in a 
civil action, brought by the corporation, to pay treble the 
amount of damages sustained thereby. lb. § 12. 

9. Any town in which such aqueduct is placed, may put 
conductors into the pipes thereof for the purpose of drawing 
therefrom, free of expense, as much water as may be neces- 
sary when any building shall be on fire in such town ; pro- 
vided, that such conductors shall be so secured that water 
shall not be drawn therefrom unless for the purpose of ex- 
tinguishing fires. lb. § 13. 



CHAPTER L. 
DRAINS AND COMMON SEWERS. 



1. Penalty for laying drains without 

consent of the selectmen. 

2. How made and repaired. 

3. All must pay the expense. 

4. Expense apportioned. 



5. Payment enforced. 

6. Proceedings. 

7. Private contracts. 

8. Drains across streets. 



1 . If any person shall dig up the ground in any highway 
or street for the laying or repairing any drain or common 
sewer, without the consent of the selectmen, in writing, he 
shall forfeit and pay for each offence, four dollars for the use 
of the town. R. S. c. 24, § 1. 



DRAINS AND COMMON SEWERS. 153 

2. All drains and common sewers, made or repaired, shall 
be done substantially with brick or stone, or such other ma- 
terials as the selectmen shall permit, and in the manner they 
direct. lb. § 2. 

3. When any person shall, by consent and direction as 
aforesaid, at his own expense, lay any common drain or sew- 
er for the benefit of himself and others who may see fit to 
join therein, every person who shall enter his particular drain 
into it, or by any other means receive any benefit from it, 
shall pay the owner thereof a proportion of the expense of 
making it, to be ascertained and determined by the select- 
men, and by them certified ; saving a right of appeal to the 
county commissioners. lb. § 3. 

4. The expense in opening a drain and removing obstruc- 
tions shall be paid by all who are benefited thereby ; and the 
same shall be apportioned and determined by the selectmen ; 
saving an appeal as aforesaid. lb. § 4. 

5. Such selectmen shall notify each person of the amount 
he shall be held to pay, and to whom ; and if such sum shall 
not be paid by him in ten days, he shall be held to pay double 
the sum certified to him with costs. lb. § 5. 

6. The person having occasion to open any drain, shall 
notify all persons interested therein, seven days before he 
shall begin, by advertising in the manner the selectmen shall 
direct ; and if the objections to proceeding, if any are made, 
shall be judged reasonable by the selectmen, then the objec- 
tor shall not be held to pay any part of said expense ; but if 
no objections be made within three days, or when made, are 
not judged sufficient, they shall give a written permission to 
proceed and open the drain, and clean and repair it. lb. § 6. 

7. This chapter shall not affect private contracts among 
the owners of such drains and common sewers. lb. § 7. 

8. Mayor, aldermen and selectmen are authorized to open 
drains across or along streets, of the construction of such 
drains, damages and rights of appeal, see next chapter. 



14 



154 MAINE TOWNSMAN. 



CHAPTER LI. 
ACTS RESPECTING DRAINS, PASSED IN 1844 A2<D IN 1850. 



1. Selectmen and board of health to 

order drains. 

2. Drain how made. 

3. Drain maybe extended. 

4. Selectmen to award damages. 

5. Those benefited, to pay proportion- 

ally. 



C. Duty of owners of dwelling houses, 

7. Abatement of nuisances. 

8. Lien on Real Estate for assessments. 

9. Notices how given. 

10. Remedy of persons aggrieved. 

11. Special power of cities and towns. 



1. The selectmen of any town, and the mayor and al- 
dermen of any city in this State, are authorized and re- 
quired, on the written application of any two or more citi- 
zens residing in such town or city, stating therein that it will 
be for the public convenience, health, or necessity, that a 
drain or common sewer shall be made along, by or across, 
any street or land in such town or city, to repair to the place 
designated, and to examine the same, and if such application 
shall state that the health of the inhabitants requires the con- 
struction of such drain or sewer, then the selectmen shall 
notify the board of health to attend with them, and the ques- 
tion of the necessity of such drain or sewer shall be deter- 
mined by a majority of the members of the two boards, who 
may be present, and if they, after notifying all the persons 
through or over whose land the said drain or sewer is to be 
placed, shall judge it expedient that such drain or sewer 
should be made, they shall in that case cause said applica- 
tion, with their determination thereon, to be recorded by the 
town or city clerk. But whenever in such written applica- 
tion the health of the town is not alleged to be concerned, 
the said selectmen shall have power to proceed without the 
concurrence of said board of health. Act 1844. 

2. The said selectmen or mayor and aldermen shall cause 
the said drain thus located to be made in a substantial manner, 
to be constructed of stone, brick, or cedar. lb. 

3. Such drain may be extended through the land of any 



ACTS RESPECTING DRAINS. 155 

person, or along or across any public street, so far as may be 
necessary for the same. But such drain shall be so con- 
structed as not to interfere with the subsequent erection of 
buildings on said land, and with as little injury to the owners 
of the land on which it may be built, as practicable. lb. 

4. If any person shall claim damages for the location of 
such drain or sewer beyond what he is benefited, said se- 
lectmen, or mayor and aldermen, may determine upon the 
same, and may allow such sum (if any) as the claimant may 
be entitled to, deducting the benefit he may receive ; and the 
damages awarded for any such location shall be paid by the 
said town or city. lb. 

5. Whenever the selectmen of any town, or the mayor 
and aldermen of any city, shall judge it expedient that a 
main drain, or common sewer should be made, and shall pro- 
ceed to construct the same, they shall estimate what person 
or persons are benefited thereby, and the amount of such ben- 
efit ; and any person who may be adjudged to be in any way 
benefited thereby, shall pay a proportional part of the charge 
of making, maintaining and repairing such main drain or com- 
mon sewer. And all main drains or common sewers which 
have heretofore been, or which may hereafter be constructed by 
any town, or city, shall be taken and deemed to be the prop- 
erty of such town or city. Act 1850. 

(). It shall be the duty of the owner of every tenement, 
within the several towns and cities in this state, that is used 
as a dwelling-house, to provide therefor a sufficient drain 
to carry off the waste water from the same. And if any 
such tenement is not provided with a suitable drain, the se- 
lectmen or mayor and aldermen may give notice thereof to 
the occupant of said tenement, or, if the same be unoccu- 
pied, to the owner or agent, requiring him within such time 
as they shall appoint, to cause a proper and sufficient drain 
to be constructed; and in case of neglect or refusal to construct 
said drain to the acceptance of said selectmen or mayor and 
aldermen, they shall have power to cause such drain to be 
made for such tenement, the expense to be assessed as above. 
Aru if, in constructing said particular drain, they shall find 
it necessary or convenient to enter the same into any main 
drain or common sewer so constructed as aforesaid, or which 
may already have been built in any town or city, for the pur- 
pose of draining his cellar or land, the owner of said cellar 



156 MAINE TOWNSMAN, 

or land, shall pay his proportional part of the charge of mak- 
ing, maintaining and repairing such main drain or common 
sewer, or be entitled to receive compensation for the taking 
of his private drain or destruction thereof, always provided 
said tenement or land has not already been assessed their 
proportional part thereof, lb. 

7. Whenever it shall be made to appear to said selectmen 
or mayor and aldermen, that any cellar, lot or vacant ground 
in any town or city in this state is in a state of nuisance, or 
so situated that it may become a nuisance, and the health of 
the inhabitants be thereby endangered, it shall be their duty 
to notify the owner or occupant thereof, to have said nuisance, 
or cause of nuisance, removed by draining, filling up or other- 
wise ; and in case of neglect or refusal of such owner or occu- 
pant to remove such nuisance or cause of nuisance, to the ac- 
ceptance of said selectmen, or mayor and aldermen, they shall 
have power to remove the same by filling up, draining or other- 
wise, as they shall deem expedient, and the owner shall pay 
the expense thereof. lb. 

8. All assessments so made shall constitute a lien on the 
real estate assessed for one year after they are laid, and may, 
together with all incidental costs and expenses, be levied by 
sale thereof, if said assessment in each case is not paid with- 
in three months after notice thereof given to the owner or 
occupant of said estate, such sale to be made by the treasurer 
of said town or city, to be conducted in the same manner as 
sales for non-payment of taxes are made ; saving to the own- 
er of any land so sold, a right to redeem the same by paying 
to the purchaser or his assigns, within one year from the time 
of said sale, the sum for which said land was sold, with 
interest thereon at the rate of twenty per cent, per annum, 
and costs. lb. 

9. All notices required by the provisions of this act and of 
that of eighteen hundred and forty-four, except where is 
herein otherwise provided, shall be given by publishing the 
same in some newspaper, if there be any printed in said town 
or city, the first publication to be seven days, at least, prior 
to the time appointed by the selectmen or mayor and alder- 
men for doing the act required by such notice ; and if no 
newspaper be printed in said town or city, then said notice 
shall be given by posting up the same in two public places 
therein, seven days, as aforesaid, lb. 



ACTS RESPECTING DRAINS. J57 

10. Any person who may deem himself aggrieved by the 
award of damages made by said selectmen or mayor and aU 
dermen, or by any assessment, may at any time within three 
months from making and recording said award of damages, 
or from receiving notice of said assessments, appeal to the 
district court next to be holden in said county, which court 
shall appoint three disinterested persons, who may be inhabi- 
tants of said town or city, to determine the amount of dam- 
ages, and the sum to be assessed ; and their award shall be 
final ; and in case the damages awarded by said selectmen 
or mayor and aldermen shall not be increased, or the assess- 
ments made by them shall not be reduced, on such appeal, 
the town or city shall recover costs ; but if otherwise, shall 
pay costs : Provided, however, that in all cases of an ap- 
peal as aforesaid, the appellant, before entering it, shall give 
one month's notice in writing to said selectmen or mayor and 
aldermen, of his intention to appeal, and shall therein speci- 
fy the points of his objection to said award of damages or 
assessments, made by them, to which he shall be confined 
upon the hearing of the appeal. lb. 

11. Nothing contained in this act shall prevent any town 
or city from providing by their by-laws or ordinances, or 
otherwise, that a part of the expense of constructing, main- 
taining and repairing main drains or common sewers shall be 
paid by such town or city ; nor from regulating the use and 
management of the same ; and any city or town may pre- 
vent the neglect and abuse of such main drain or common 
sewers, under such penalties as they may see fit to ordain 
and establish, not exceeding twenty dollars for any one of- 
fence, to be recovered by an action of debt in the name of 
the inhabitants of said town or by said city. 



TITLE Y. 



OF SCHOOLS, PARISHES, MEETING HOUSES, SCHOOL 

LANDS, AND FUNDS. 

Chapter 52. Duties of towns relating to school Districts. 

Chapter o3. Powers and obligations of school Districts. 

Chapter 54. Assessment and collection of monies raised by 

school districts. 

Chapter 55. School districts formed from two towns. 

Chapter 56. Superintending school committees. 

Chapter 57. Powers and duties of school agents. 

Chapter 58. Duties and qualifications of instructors. 

Chapter 59. Relating to schools in certain plantations. 

Chapter 60. General provisions relative to education. 

Chapter 61. Parishes. 

Chapter 62. Meeting houses. 

Chapter 63. Ministerial and school lands and funds. 



CHAPTER LII. 



DUTIES OF TOWNS RELATIVE TO SCHOOL DISTRICTS. 



1. Establishment of school districts. 

2. District Agents — how chosen. 

3. Proceedings of a town, with one dis- 

trict. 

4. School money to be raised. 

5. Apportionment of money. 

6. Forfeiture for neglect to raise money. 

7. Superintending school committee. 



8. Supervisor of schools. 

9. Forfeiture for neglect to choose. 

10. School committees may be agents, 

11. Remote parts of the town. 

12. Excess of money raised. 

13. Habitual truants. 

14. Same subject. 

15. Same subject. 



1. The inhabitants of every town, at their annual meeting, 
may determine the number and limits of the school districts 
within the town ; and, if necessary, may divide or discontinue 
any district ; or they may annex it to any other district in 



SCHOOL DISTRICTS. J59 

such town ; provided, however, that no such action shall be 
had, until the selectmen and superintending school committee 
of such town, who are hereby constituted a committee for 
that purpose, shall have submitted to the town a written state- 
ment of facts. Act of 1850. 

2. Any town, at its annual meeting for the choice of town 
officers, may choose an agent for each school district in such 
town. 

3. In any town containing but one district, all business re- 
lating to schools and school houses may be transacted at any 
regular town meeting, in the same way and manner in which 
other town business is transacted. 

4. Every town shall, annually, raise and expend for the 
maintenance of schools therein a sum of money of not less 
than forty cents for each inhabitant ; the number to be com- 
puted according to the last census of the State, under which 
the representation in the legislature shall have been appor- 
tioned. 

5. The assessors of every town shall assign to each school 
district within the same, a proportion of the money raised in 
each year, for the support of schools, or derived from any 
corporate school fund, bank tax, grant from the State, interest 
of the permanent school fund, or any other fund at the disposal 
of such town, for the general benefit of schools therein ; such 
apportionment to be made, according to the number of chil- 
dren between the ages of four and twenty-one years, residing 
in such districts, respectively, on the first day of May annual- 
ly, exclusive of such as may have come from other places, 
where they belong, to attend any college or academy, or to 
labor in any factory in any such district. 

6. If any town shall fail to raise and expend, annually, 
for the support of schools, the amount of money required by 
law, such town shall forfeit and pay a sum, not less than twice, 
nor more than four times, the amount of such deficiency. 

7. Every town at its annual meeting in the year eighteen 
hundred and fifty-one, shall choose by ballot, a superintend- 
ing school committee, consisting of three persons ; who, at 
their first meeting, shall designate by lot, one member of 
their board to remain in office three years, also another 
member, to remain in office two years, and the remaining 
member shall hold his office one year. Every town at each 
annual meeting after the year eighteen hundred and fifty-one, 



JgO MAINE TOWNSMAN. 

shall choose, by ballot, one person to supply the place of that 
member of the committee whose term of service has ex- 
pired, which office he shall hold for the term of three years. 
The town shall also at such meeting supply any vacancy that 
may then exist in said committee. The committee appoint- 
ed as above shall be sworn, and paid for their services one 
dollar per day, and no more, unless otherwise ordered by 
the town. 

8. Any town, containing two thousand inhabitants or more, 
instead of the committee, may choose some individual, an 
inhabitant of said town, who shall be constituted a supervisor 
of the public schools of the town. 

9. Every town that shall, in any year, neglect to choose 
such superintending committee or supervisor, shall forfeit 
and pay not less than thirty, nor more than two hundred dol- 
lars. 

10. Any town which shall, by a standing vote, provide 
for the purpose, may, instead of a superintending committee 
and school agents, elect their superintending committee an- 
nually, of such number, not less than three, as they shall 
think proper, and may invest such committee with the rights, 
powers and obligations pertaining to school agents, as well as 
to a superintending committee, including the power and duty 
of determining the age at which scholars may be admitted 
into the respective schools, of transfering scholars from one 
school to another, and of laying out the money raised for 
supporting schools and defraying the contingent expenses 
thereof, and such others of said powers, as may be useful 
and necessary in managing the business committed to them. 

11. Any portion of a town not containing inhabitants 
enough for a convenient separate organization as a district, 
and too remote for annexation to any district already formed, 
may be omitted in districting the town to which it belongs ; 
and in such case, the assessors of such town shall appro- 
priate their proportion of school money, according to the 
number of children, of the ages specified in section five, to 
be expended by such inhabitants, for the purpose of instruc- 
tion, in such manner as the superintending committee shall 
order or approve. 

12. Whenever any town shall raise a sum of money ex- 
ceeding the amount required by section four, the excess may, 
if the town so vote, be apportioned among the several school 



SCHOOL DISTRICTS. Jgj 

districts, in such manner as the selectmen and superintending 
school committee may determine. 

13. Any town is authorized to make all needful provisions 
and arrangements concerning habitual truants, and children 
between the ages of six and fifteen years, not attending 
school, without any regular and lawful occupation and grow- 
ing up in ignorance, and may also make all such ordinances 
and by-laws respecting such children as shall be most con- 
ducive to their welfare, and the good order of such town, 
and there shall be annexed to such ordinances, suitable pen- 
alties, not exceeding for any one breach, a fine of twenty 
dollars : provided, that said ordinances and by-laws shall be 
approved by the district court for the district, and shall not be 
repugnant to the laws of the State. 

14. The towns availing themselves of the provisions of the 
preceding section, shall appoint at their annual meeting, three 
or more persons, who alone shall be authorized to make the 
complaints, in every case of violation of said ordinances or 
by-laws, to the justice of the peace, or other judicial officer, 
who by said ordinances shall have jurisdiction in the matter, 
which persons, thus appointed, shall alone have authori- 
ty to carry into execution the judgments of said justices of the 
peace or other judicial officers. 

15. The said justices of the peace, or other judicial offi- 
cers, in all cases, at their discretion, in place of the fine 
aforesaid, shall be authorized to order children, proved before 
them to be growing up in truancy, and without the benefit of 
the education provided for them by law, to be placed for such 
periods of time as they may judge expedient, in such insti- 
tution of instruction, or house of reformation, or other suita- 
ble situation, as may be assigned or provided for the purpose, 
Act of 1850. 



162 



MAINE TOWNSMAN. 



CHAPTER LIII. 



POWERS AND OBLIGATIONS OF SCHOOL DISTRICTS. 



1. School districts, corporations. 

2. How to be described. 

3. When legally organized. 

4. Who are qualified voters. 

5. Mode of calling meetings. 

6. Manner of notifying. 

7. Same subject. 

8. Organization. 

9. School district committee. 

10. School agents. 

11. General powers of districts. 



12. Power of towns over school districts. 

13. Location of school houses. 

14. Same subject. 

15. Plan of houses to be approved. 

16. Female teachers. 

17. Ages of pupils. 

18. Special committees. 

19. School libraries. 

20. Same subject. 

21. Same subject. 



1. Every school district shall be a body corporate, with 
a power to sue and be sued, and to hold any estate real or 
personal, for the purpose of supporting a school or schools 
therein. Act of 1850. 

2. In all transactions by, or with, school districts, they may 
be described by their numbers, or by any descriptive name 
which they may assume, or by such general description as 
may be applicable, if they have no certain name. 

3. Every school district shall, in all cases, be presumed 
to have been legally organized, when it shall have exercised 
the franchise and privileges of the district for the term of one 
year. 

4. Any person qualified to vote in town affairs, shall be a 
legal voter in the school district in which he resides. 

5. School district meetings, on the written application of 
any three or more of the legal voters in such districts, res- 
pectively, stating the reasons and objects of the proposed 
meetings, may be called by the selectmen of the town, con- 
taining such district ; or by the school district agent or agents, 
if any have been appointed. 

The application may be in the following form : 

To the selectmen of the town of [or — ■ — dis- 
trict agent of school district No. , in the town of , 

as the case may be:] 



You are requested by the subscribers, 



legal voters in 



POWERS OF SCHOOL DISTRICTS. ^3 

school district No. , in the town of , to call a meet- 
ing of the legal voters of said district, to be held at the school 

house in said district, on the day of next, at 

o'clock in the noon, then and there to act upon the fol- 
lowing articles : 

First : To choose a moderator to preside at said meeting. 

Second : To choose a clerk, and all other necessary offi- 
cers. 

Third : To see if the district will [here slate the objects of 
the proposed meeting.] 

Dated at , this day of , A. D. 18 — . 

A. B., and the other applicants. 

6. On receiving any such application, the selectmen of 
the town, or the district agent, as the case may be, shall cause 
notices specifying the time, place and purposes of the meet- 
ing, seven days previous to the time appointed, to be posted 
up in two or more public places within the district, one of 
which must be on the school house, if there be any in the 
district ; or to be published in a newspaper printed in the 
town where such district is situated, if there be any. 

The form of notice by the selectmen, (or agent) is as fol- 
lows : 

Notice. 

To the legal voters of school district No. , in the town 

of : Greeting. 

Pursuant to a written application made to us, the select- 
men of said town, [or to me , agent of said school dis- 
trict No. , as the case may be,] you are hereby notified 

and warned to meet at the school house in said district on 
the day of , instant, at o'clock in the after- 
noon, then and there to act on the following articles : 
First : To choose a moderator to preside in said meeting. 
Second : [here insert the articles or objects of the meeting, 
as in the foregoing application.] 

Given under our hands this day of . 

( Selectmen of , [or agent 

\ of school district No. .] 

The form of the certificate of notice, is as follows : 

The subscriber hereby certifies that he has posted up a 



Ig4 MAINE TOWNSMAN. 

copy of the within notice at two public places within such 
district, to wit : one at the school house within said district, 

and one at , being a public place within such district, on 

the day of , it being seven days before the day ap- 
pointed for said meeting. 

Dated at , this day of , 18—. A. B. 

7. Every school district, at any legal meeting, may deter- 
mine the manner in which notice of its future meetings shall 
be given. 

8. At every such meeting, a moderator shall be chosen, 
but need not be sworn ; and at the first meeting every year, 
a clerk shall be chosen, and shall be duly sworn by the mod- 
erator, or a justice of the peace. 

The form of the oath of clerk is as follows : 

You , solemnly swear, that you will faithfully and 

impartially perform the duties assigned to you by law, as 

clerk of the school district No. , in the town of, 

during the ensuing year, and until another shall be chosen 
and sworn in your place. So help you God. 

9. Such district may, at any legal meeting, choose a com- 
mittee to superintend the laying out and expending of the 
monies raised by such district, agreeably to their votes, for 
any purposes for which such district may legally raise mon- 
ey ; and to examine and allow such accounts as they may 
find correct ; and to draw orders on the town treasurer for 
the amount of monies raised. 

10. Every school district,at its annual meeting, shall choose 
by ballot a school agent, unless such agent shall be chosen 
by the town, and may, at any meeting called for that purpose, 
supply any vacancy that may occur in the office of agent, 
and such agent shall be sworn by the moderator or clerk of 
the meeting, or by some justice of the peace. 

11. The inhabitants of any school district, qualified to vote 
in town affairs, at any legal meeting called for the purpose, 
shall have power : — 

First. To raise money for the purpose of erecting, re- 
pairing, purchasing and removing a school house, and for the 
purpose of erecting, repairing, renting, purchasing and re- 
moving such a number of school houses as the wants of such 



TOWERS OF SCHOOL DISTRICTS. J (35 

districts may require, where more than one school house is 
necessary to accommodate the scholars in such district ; and 
also for the purpose of erecting or removing out-buildings, 
connected with such house or houses; — of, purchasing or 
renting land upon which the same may stand, and for yards 
and play grounds, and for purchasing a library, utensils, 
black-boards, globes, maps and other useful apparatus; — 
providing water for the school house or houses by means of 
wells and aqueducts,with necessary conveniences for the health 
and comfort of teachers and pupils, and for the purpose of en- 
closing the grounds and appurtenances of the school houses, 
with power to sell and dispose of any such property, when- 
ever it becomes necessary and proper to do so. 

Secondly. To determine where the school house or houses 
shall be located in said district. 

Thirdly. To determine at what age the youth, within 
such district, may be admitted into the schools kept by a 
master or mistress respectively, and whether, and upon what 
terms, scholars may be admitted into such schools from other 
school districts, or from other towns or places. 

Fourthly. If they think proper, to instruct the agent at 
what time their schools shall commence ; with which direc- 
tions the agent shall comply, as far as practicable. 

Fifthly. To join with one or more other school districts, 
for the purpose of uniting the more advanced scholars of 
each district in one school. And when any districts shall so 
determine, they may appropriate such a proportion of the 
school money of each district as they deem proper, provid- 
ed, that if one fourth of the voters present and voting at any 
meeting called for the purpose, shall dissent from the decis- 
ion of the majority, no more than the per capita share of the 
scholars attending such union school, shall be so appropriat- 
ed, without the written assent of the superintending school 
committee. 

12. Whenever, at any meeting of a school district, for 
raising money for any particular purpose, a majority shall be 
opposed to the raising of any sum of money, deemed by the 
minority sufficient for that purpose, the selectmen of the 
town, on application in writing of any five or more voters in 
such district, made within thirty days after such meeting, 
shall insert in their warrant for calling the next town meet- 
ing on town affairs, an article requiring the opinion of the 
15 



155 MAINE TOWNSMAN. 

town on the subject of disagreement ; and the town, at such 
meeting, may require a sum sufficient for the" purpose to be 
assessed on the polls and estates in such district ; and the 
same shall be assessed and paid over, in the same manner as 
if originally raised by such district ; and thereupon it shall be 
the duty of the selectmen of the town to appoint, in writing, 
three suitable inhabitants of said district, to be a committee 
to superintend the expenditure of the money, so assessed and 
raised, for the purpose required. 

13. At any district meeting, called for the purpose of erect- 
ing or locating a school house in any district where none ex- 
ist, or of removing or erecting any school house in a differ- 
ent place from that previously occupied for the purpose, if a 
disagreement shall arise, and the voters in favor of the object, 
in either case, shall be less than two-thirds of the legal voters 
present at such meeting and voting, the clerk, at the meet- 
ing, shall make a record of the fact ; and the selectmen of 
the town on application, in writing, from any three or more 
of the voters in such district, or of any committee of such 
district made within thirty days thereafterwards, shall appoint 
a time and place, within the district, to hear the inhabitants 
on the subject matter of such disagreement, and give such 
notice as is required for a legal meeting of the inhabitants ; 
and, after such hearing, may decide where such school house 
shall be placed, and shall, within ten days, give a certificate 
of their determination to the clerk of the district, who shall 
enter the same upon his records ; and the district shall 
proceed to erect, or remove, the school house ; provided, 
however, that no selectman residing in such district shall be 
allowed to have any voice in the determination ; and when- 
ever a majority of the selectmen of any town shall reside in 
one school district, in which it becomes necessaiy so to lo- 
cate a school house, or shall not be able to agree, the super- 
intending school committee of said town shall be required to 
do all the duties in relation to locating said house, which by 
this section are required of the selectmen. 

The form of the notice required in the above section may 
be as follows : 

To the legal voters of school district No. — — , in the 

town of : Whereas, application in writing has been 

made to us by legal voters in said district, (or by a 

committee of said district,) to call a meeting of the qualified 



POWERS OP SCHOOL DISTRICTS. Mfi 

voters in said school district ; you are hereby notified and 

warned to meet at , within said district, on the 

day of next, at o'clock in the noon, for the 

purpose of hearing the inhabitants of said district, on the 
subject of their disagreement, in respect to a suitable place 
to be selected for the erection of a school house in said dis- 
trict ; and also of deciding where such school house shall be 
placed. 

Given under our hands this day of , A. D. 18 — . 

A. B. 



C. D. > Selectmen of . 

E. F.j 

14. If the district shall refuse, or for the space of sixty 
days neglect, to carry into effect the order of the selectmen 
or superintending school committee, the selectmen or super- 
intending school committee either personally, or by agents 
appointed for that purpose, at the expense of the district, 
shall, if need be, purchase a situation for said house, and 
shall cause the same to be erected or removed, as the case 
may be, upon the place so appointed. 

15. Whenever any school district shall vote to erect or re- 
construct a school house, the plan shall first be submitted to 
the superintending school committee of the town for their ap- 
proval. 

16. Any school district, at a legal meeting, may determine 
whether all, or what proportion of their school money, shall 
be expended for the support of a school, to be taught by a 
female ; and their agent shall expend the same accordingly. 
But in case one fourth part of the voters present and voting 
at said meeting, dissent from the decision of the majority, 
not more than one third part of such money, shall be so ex- 
pended without the written assent of the superintending school 
committee. 

17. Whenever the school in any district shall be kept in 
part by a mistress, and in part by a master, the inhabitants, 
at a legal meeting, may determine by vote, or may authorize 
the superintending school committee to determine from time 
to time, what description of scholars shall attend each school 
respectively. 

18. Each school district, where the number of scholars at- 
tending school is such as to require more than one school to 



168 



MAINE TOWNSMAN. 



be kept at the same time, shall have the power of choosing a 
committee to determine what description of scholars shall at- 
tend each school, to classify said scholars, and to transfer 
them from school to school in said district ; and when no 
such committee shall be chosen by any school district above 
described, the superintending school committee of the town 
shall perform all the duties above mentioned. 

19. Any school district in this State, is by law author- 
ized to purchase, with any money that may be appropriated 
to said district for school purposes, a school library and ap- 
paratus, or either, for the use of the school : provided a ma- 
jority of the district shall so vote. But there shall not be ex- 
pended in one year, more than ten per centum of the whole 
amount appropriated to any district in the year. 

20. If any two adjacent districts shall severally vote to 
unite for the purchase of a library and apparatus, or either, 
they are authorized so to do. 

21. Every district that purchases a library and apparatus, 
shall make rules for the preservation and management of the 
same. Act of 1859. 



CHAPTER LIT. 

OF THE ASSESSMENT AND COLLECTION OF MONEY RAISED OR BOR- 
ROWED BY SCHOOL DISTRICTS. 



1. When money is voted, Clerk's duty. 

2. Assessors to assess. 

3. Mode of collection. 

4. Powers of collectors. 

5. Powers of treasurers. 

6. Abatement of taxes. 

7. Money raised, at whose disposal. 

8. Compensation. 

9. Districts may borrow. 

10. Term of loan, and mode of pay- 

ment. 

11. Clerk to notify. 



12. Agents to contract a loan. 

13. Instalments to be assessed. 

14. Liability and compensation of offi- 

cers. 

15. What loans not authorized. 

16. Districts may elect collector. 

17. His compensation. 

18. Record of his election. 

19. Above not applicable, when. 

20. Intention of the voters, to govern. 



1. When any money shall be voted to be raised by any 
district, the clerk shall certify to the assessors ot the town the 
amount voted to be raised. Act of 1850. 



ASSESSMENT AND COLLECTION OF MONEY. ^9 

2. Within thirty days after receiving the certificate of the 
clerk, the assessors shall assess in the same manner as town 
taxes are assessed, on the polls and estates of the inhabitants 
composing such school district, whether it be wholly within 
their town or not, and on lands lying within the same, be- 
longing to persons not living therein, whether improved or 
unimproved, all moneys voted to be raised. 

3. The assessors shall make their warrant, directed to any 
one of the collectors of their town, or of the district, or a 
constable, if there be no collector, requiring him to collect 
the tax, and pay the same, within the time limited by the war- 
rant, to the treasurer of the same town ; to whom, also, the 
assessors shall give a certificate of the assessment, as in the 
case of town taxes. 

4. Such collector or constable, in collecting such taxes, 
shall proceed in the same manner as in the collection of town 
taxes. 

5. The treasurer of the town, w r ho shall receive from the 
assessors a certificate of the assessment of a district tax, 
shall have the same authority to enforce the collection and 
payment, or sue for the same, as of town taxes ; and if such 
treasurer be also the collector of such towns, he may collect 
the same in the same manner. 

6. The assessors shall have the like power to abate any - 
district tax, as they have to abate a town tax. 

7. The money so raised, shall be at the disposal of the 
committee of the district. 

8. Such assessors, collector or constable, and treasurer, 
shall be allowed by the school district a compensation propor- 
tionate to what they receive for similar service for town taxes. 

9. Any school district, by a vote of two thirds of the legal 
voters, present and voting at a legal meeting called for that 
purpose, shall have power to borrow money for the pur- 
pose of erecting a school house and of purchasing land on 
which the same may stand. 

10. Every such loan shall be made for a term of time not 
exceeding five years, and shall be payable in equal annual 
installments. 

11. When any school district shall vote to borrow money 
for such purpose, the clerk shall forthwith certify such vote 
to the assessors and treasurer of the town. 

12. The district may appoint an agent or agents to con- 



170 MAINE TOWNSMAN. 

tract a loan as aforesaid, who are authorized to bind the dis- 
trict therefor, and to give the necessary evidences of debt 
therefor, and a copy of such evidence of debt or security, 
shall be, by such agent or agents, filed with the town clerk 
of the town, and the clerk shall enter the same on the town 
records. The money procured on such loan shall be re- 
ceived by the treasurer of the town, and shall be applied and 
paid out for the purposes aforesaid. 

13. At each annual assessment of town taxes, after the 
receipt of such money by the treasurer, the assessors shall 
assess the amount of the installment and interest payable in 
that year, upon the polls and estates of the inhabitants of such 
district. And such annual installments shall, in like manner, 
be collected and paid to the treasurer of the town. And the 
treasurer shall pay the amount of each installment and inter- 
est, as the same becomes payable, on demand of the person 
to whom the same may be lawfully due. 

14. The assessors, collector and treasurer shall be under 
the same liabilities, and shall have the same authority and 
compensation in respect to the services so performed by them 
for any school district, as is provided in case of raising mon- 
ey by a school district by taxation. 

15. After the passage of the act of 1850, no school dis- 
trict shall be authorized to borrow money, except for the pur- 
poses and under the regulations prescribed by that act. 

16. Whenever any money shall be voted to be raised by 
any school district, the legal voters, at any legal meeting 
called for the purpose, may elect, by written ballot, a collec- 
tor, who shall be required to give bonds, and shall have the 
same powers, and be held to proceed in the same manner in 
collecting the taxes assessed upon said district, as in the col- 
lection of town taxes by a town collector. 

17. Such collector shall be allowed such compensation for 
collecting and paying over to the town treasurer said taxes, 
as shall be determined upon by the inhabitants, at the meet- 
ing at which he is chosen. 

18. Whenever the inhabitants of any school district shall 
elect a collector, it shall be the duty of the clerk of said dis- 
trict to deposit with the clerk of the town in which the district 
is situated, a certified copy of the record of the election of 
said collector, which shall be recorded by the clerk of the town. 

19. The provisions of the three preceding sections, for the 



SCHOOL DISTRICTS FORMED. 171 

choice of collectors by school districts, shall not apply to any 
school district, where the sum voted to be raised and assessed 
shall not exceed the sum of three hundred dollars. Act of 
1850. 

20. If the intention of the voters of a school district to 
raise a sum of money for the purpose of building a district 
school house, is perfectly apparent upon their records, it is 
sufficient to authorize the assessment and collection of the 
amount, although such intention may be very informally ex- 
pressed. 28 Maine K, 193, 



CHAPTER LV. 
SCHOOL DISTRICTS FORMED FROM TWO OR MORE TOWNS. 

1. Districts in two or more towns. I 4. Such districts, how superintended, 

2. Such districts to choose agents. I 5. Powers and duties of officers. 



3. Assessors of each town — their duty, 
&c. 

1. Whenever it shall be found convenient to form a school 
district, from parts of adjoining towns, such towns may es- 
tablish such district and determine the limits thereof, and by 
their concurrent votes may alter and discontinue the same ; 
and they and their officers, except as otherwise provided, 
may exercise all the powers and duties in reference to such 
districts, as may be exercised by any town in reference to 
school districts within its own limits : provided, that where 
such district, formed from two or more towns, has existed for 
the term of fifteen years, either town may disconnect its own 
inhabitants from such district without the concurrence of the 
other town or towns — provided further, that all district prop- 
erty shall be left within the limits of, and belong to the origi- 
nal district. Act of 1850. 

2. Every district established by two or more towns shall 
choose its own agent, annually, and his contracts shall be 
be binding upon such towns, respectively, in proportion to, 
and not exceeding, the amount which each town is required 
to pay to such agent. 



172 MAINE TOWNSMAN. 

3. The assessors of each town, from which any part of 
such district shall have been formed, shall assign to such dis- 
trict a proportion of money by law to be distributed among 
the districts in such town, according to the number of such 
children belonging to such town, within the limits of said 
school district. And when any district is composed of parts of 
two or more towns, the powers to be exercised by any town, or 
by the selectmen, or superintending committee of any town, 
may be exercised by the concurrent vote of said towns, or 
the joint acts of the selectmen or superintending school com- 
mittees of such towns ; and application shall be made to each 
of them accordingly. 

4. When any school district shall be formed from parts of 
two or more towns, the superintending school committee, 
selectmen, assessors, treasurer, collector and constable of 
the town in which the school house of such district is situat- 
ed, or has been located, or in which the school of such dis- 
trict is kept, or if there be no such school house or school, 
the aforesaid officers of the oldest town from which any part 
of such district shall have been taken, shall, in respect of 
such district, have all the powers and perform all the duties, 
and be deemed to all intents to stand in the place of such offi- 
cers, in respect to school districts situated wholly in any one 
town. 

5. All agents and other officers of districts formed as 
aforesaid, shall have the same powers and privileges, and 
shall perform the same duties, as agents and other officers of 
districts situate wholly in any one town. Act of 1850, 



SUPERINTENDING SCHOOL COMMITTEES. 173 



CHAPTER LVI. 

POWERS AND DUTIES OF SUPERINTENDING SCHOOL COMMITTEES, 

1. Powers and duties. I 3. Necessary books, by whom fur- 

2. Annual returns. nished. 

1. All superintending school committees, appointed as pro- 
vided by law, shall perform the following duties : 

First. To appoint a person to supply any vacancy occur- 
ing in their board, until the next annual town meeting ; and 
when, by reason of resignation, removal or death, there 
shall be but one member of the committee in office, he shall 
have power, and it shall be his duty to fill said vacancy. 

Secondly. To appoint suitable times and places for the 
purpose of examining all candidates proposing to teach in 
town ; who shall produce satisfactory evidence that they sus- 
tain a good moral character, and possess a temper and dispo- 
sition suitable to be instructors of youth. 

Thirdly. To examine such candidates in reading, spelling, 
writing, English grammar, geography, history, arithmetic 
and other branches usually taught in public schools, and par- 
ticularly in the school for which such persons are examined ; 
and also as to the capacity for the government and discipline 
of said school. And if, on such examination, such persons 
are found competent, said committee shall grant a certificate 
that such persons are qualified to govern said school, and to 
instruct in the branches above named, and such other branch- 
es as are necessary to be taught in said school. 

The certificate may be as follows : 

To whom it may concern. This certifies that we have ex- 
amined A. B., of , as a school teacher, and that he is well 

qualified to govern and instruct youth in reading, writing the 
English language grammatically, and in arithmetic, and in 
other branches of learning usually taught in public schools. 

Witness our hands, this day of , A. D. 18 — . 

( Superintending school 
\ committee of . 



174 MAINE TOWNSMAN. 

Fourthly. To direct the general course of instruction, and 
what books shall be used in the respective schools. 

Fifthly. To visit and inspect the several schools, and in- 
quire into the regulations and discipline thereof, and of the 
proficiency of the scholars therein ; and to use their influence 
and best endeavors that the youth in the several districts reg- 
ularly attend the schools ; and particularly to provide that 
one or more of the board shall visit each school within the 
town, at least twice during the term for which it is kept. 

Sixthly. After due notice and a candid investigation of the 
facts, to dismiss any schoolmaster or mistress who shall be 
found, in their opinion, incapable or unfit to teach, or whose 
services are believed by them to be unprofitable to such 
school, notwithstanding their having procured the requisite 
certificate ; provided, that such dismissal shall not operate 
to deprive such master or mistress of their right to com- 
pensation for services previous to such dismissal ; and said 
committee shall immediately give notice thereof in writing, 
to the agent of the district, and shall also deliver, or cause 
to be delivered, to such teacher, a certificate of dismissal, 
under their hands, stating the reason of such dismissal, a 
copy of which they shall preserve. 

Seventhly. To expel from any school, any obstinately dis- 
obedient and disorderly scholar, after a proper investigation 
of his behavior, if found necessary for the peace and use- 
fulness of the school ; also to restore him to the school, on 
satisfactory evidence of his repentance and amendment. 

Eighthly. To exclude, if they deem it expedient, from the 
public schools of the several towns, all those persons entitled 
by law to admission thereto, who shall not have been vac- 
cinated. 

Ninthly. To make a written report at the annual meeting 
next after their appointment, of the standing of, and progress 
made in the several schools, in the various branches of learn- 
ing therein taught, and the success that may have attended 
the mode of instruction and government of their respective 
teachers. 

2. The superintending school committee of the several 
towns shall, annually, make out a statement, containing the 
following particulars : 

First. The amount of money raised and expended for the 
support of schools, designating what part is raised by taxes, and 



SUPERINTENDING SCHOOL COMMITTEES* ^75 

what part from other funds,and how such funds have accrued. 

Secondly. The number of school districts and parts of dis- 
tricts, in their towns respectively. 

Thirdly. The number of children belonging to such town, 
in each district, between the ages of four and twenty-one 
years, as the same existed on the first day of May preceding. 

Fourthly. The number of children between the ages above 
specified, who reside upon islands, or in any other part of the 
town, not classed with any district. 

Fifthly. The whole number of scholars attending the sum- 
mer schools — the average number of scholars attending the 
summer schools — the whole number of scholars attending 
the winter schools — the average number of scholars attend- 
ing the winter schools. 

Sixthly. The average length of the summer schools in 
weeks — the average length of winter schools in weeks — 
the average length of the schools for the year. 

Seventhly. The number of male teachers who have been 
employed in the public schools during any part of the year — 
the number of female teachers who have been so employed. 

Eighthly. The wages of male teachers per month, exclu- 
sive of board — the wages of female teachers per week, ex- 
clusive of board. 

Ninthly. And said committee, in said returns, shall give 
full and complete answers to the inquiries contained in the 
blank forms which shall be furnished to them, under the pro- 
visions of law ; and they shall certify that such statement is 
true and correct, according to their best knowledge and be- 
lief, and shall transmit the same to the office of the secreta- 
ry of state, on or before the first day of April in each year ; 
and when by reason of removal, resignation or death, there 
shall be but one member of the committee left, it shall be 
his duty to make said returns. 

3. If any parent, master or guardian, after notice given 
him by the master or mistress of any district school, that any 
child, under his care, is deficient of the necessary school 
books, refuse or neglect to furnish such child with the books 
required, the superintending school committee of the town, 
on being notified, by said master or mistress, of such refusal 
or neglect, shall furnish the same at the expense of the town ; 
which expense may be added to the next town tax of such 
delinquent parent, master or guardian. Act of 1850. 



J 76 MAINE TOWNSMAN. 



CHAPTER LVII. 
OF THE POWERS ANB DUTIES OF SCHOOL AGENTS. 

School agents, whether elected by the town, or by their 
respective districts, shall be duly sworn ; and shall con- 
tinue in office one year, and until others are chosen and qual- 
ified in their stead ; their duties and powers shall be as fol- 
lows : 

First. In the month of March or April, annually, to call 
district meetings for the choice of agents, and for other busi- 
ness, by causing notice to be given. 

Secondly. To hire the school masters or mistresses for 
their respective districts, from the money assigned to them 
by the assessors of their towns, and from any other funds 
placed at their disposal for the purpose. 

Thirdly. From the same means to provide fuel and uten- 
sils necessary for the schools, and to make incidental repairs 
upon the school houses and out-buildings, and insurance, if 
the district so direct : provided, that no more than one tenth 
part of the monies, received from the town, shall, in any one 
year, be expended for such repairs, exclusive of fuel and in- 
surance. 

Fourthly. Before the commencement of any term of such 
schools, to give notice to a member or members of the super- 
intending school committee of the town, of the time when 
the school is to commence ; whether tp be kept by a master 
or mistress ; and for how long a time such instructor is en- 
gaged. 

Fifthly. To return to the selectmen of the town, prior to 
the expiration of his term of service, an account of his ex- 
penditures, accompanied with the necessary vouchers there- 
for. 

Sixthly. To return to the assessors of their respective 
towns in the month of May, annually, a list by them certified 
to be true, of the children in their districts, of the age of 



DUTIES AND a U ALI FIC ATIO NS OF INSTRUCTORS. 177 

four years and upwards, and under the age of twenty-one 
years, as they existed on the first day of said month, exclu- 
sive of such as may have come from other places, where 
they belong, to attend any college or academy, or to labor 
in any factory, in any such district ; and in case said agents 
fail to make the returns aforesaid, the assessors, as soon as 
may be thereafter, shall make or cause to be made, an enu- 
meration ot the persons aforesaid in said districts. Act of 
1850. 



CHAPTER LVIII. 
DUTIES AND QUALIFICATIONS OF INSTRUCTORS. 

1. Teacher to keep register. I 3. Certificate indispensable. 

2. Teacher to inculcate moral duties. | 

1. It shall be the duty of every teacher of a public school 
to keep a school register containing the names of all the 
scholars who enter the school, the number of days of each 
scholar's attendance, the length of the school, the teacher's 
wages, a list of text books used, and such other facts as may 
be required by the blank form, furnished under the provisions 
of law ; which register shall, at all times, be open to the in- 
spection of the school committee, and a return of the same 
be made to said committee at the close of the school. And 
no teacher shall be entitled to pay for his or her services, 
until the register for his or her school, properly filled up, 
completed and signed, shall be deposited with the school 
committee, or with such persons as they may designate to re- 
ceive it. Act of 1850. 

2. It shall be the duty of instructors of youth, to take dili- 
gent care, and exert their best endeavors, to impress on the 
minds of the children and youth, committed to their care and 
instruction, the principles of morality and justice, and a sa- 
cred regard to truth ; love to their country, humanity and a 
universal benevolence ; sobriety, industry and frugality ; 
chastity, moderation and temperance ; and all other virtues, 

16 



178 



MAINE TOWNSMAN. 



which are the ornaments of human society. And it shall be 
the duty of such instructors to endeavor to lead those under 
their care, as their ages and capacities will admit, into a par- 
ticular understanding of the tendency of the before mentioned 
virtues, to preserve and perfect a republican constitution, and 
secure the blessings of liberty, as well as to promote their fu- 
ture happiness ; and the tendency of the opposite vices to 
slavery, degradation and ruin. 

3. Any person, who shall teach any district school with- 
out first obtaining from the superintending school committee 
of the town a certificate, shall forfeit and pay a sum not ex- 
ceeding the sum contracted for his or her daily wages, for 
each day he or she shall so teach such school, and shall be 
barred from receiving any pay for teaching the same : pro- 
vided, that no certificate shall be valid for more than one 
year, without the approval of the superintending school com- 
mittee, annually endorsed thereon. Act of 1850. 



CHAPTER LIX, 



RELATING TO SCHOOLS IN CERTAIN PLANTATIONS, 



1. Powers of plantations. 

2. Clerks to act as treasurers. 

3. Assessors duties. 

4. Violated Bonds to be prosecuted. 

5. Grass to be cut on reserved lands. 



6. School district officers. 

7. Raising of money. 

8. Mode of calling meetings. 

9. Valuation to be taken. 

10. Assessment and collection of tax, 



1. All plantations, organized for election purposes only, 
are vested with the same powers, and shall be subject to the 
same duties, as other plantations, so far as the same relate to 
the erection of school districts and the apportionment and ex- 
penditure of any monies, which they may be entitled to re- 
ceive as their proportion of any bank tax, or which may arise 
from any act of bounty on the part of the State, or the inter- 
est of the permanent school fund. Act of 1850. 

2. The clerks of plantations, organized for election pur- 
poses only, shall perform the duties of treasurer of their res- 
pective plantations ; and in that capacity they shall be en- 



SCHOOLS IN CERTAIN PLANTATIONS. 179 

titled to receive any and all monies which, of right, may be- 
long to the plantation, whether the same be deposited in the 
treasury of the county within which the plantation may be 
situated, or which is now remaining, or may hereafter accrue 
in the state treasury ; the apportionment thereof, among the 
said plantations, to be made according to their respective 
population, to be ascertained and determined by the last pre- 
ceding census. And each of said clerks shall apportion and 
pay out the same to the several school districts, within his 
plantation, according to the number of scholars therein : pro- 
vided, always, before entering upon the discharge of the du- 
ties of the office of treasurer he shall give to the assessors of 
his plantation a bond for the faithful performance of his duties. 

3. The assessors shall issue their warrant for the calling 
of district meetings in their respective plantations, in the same 
manner that selectmen of towns are authorized to issue their 
warrants for the calling of district meetings in their respec- 
tive towns ; and the plantation school districts shall have 
power to choose all district officers, which school districts in 
towns have. 

4. The assessors shall have power to commence and prose- 
cute in their official capacity, a suit at law, on any bond given 
them or their predecessors in office, whenever any condi- 
tion in said bond shall be broken. 

5. The county commissioners, for the county in which such 
lands are situated, are authorized to permit the plantation 
clerks, in their capacity of treasurers, to cut and dispose of 
any grass which may grow on lands reserved for public uses, 
in their respective plantations, provided the same may be 
done without injury to said lands, or to the public interest. 
And the proceeds of the sales of said grass shall be appro- 
priated for the support of schools in the respective plantations 
in which the lands may lie. 

6. Plantations organized for election purposes only, shall 
have power to choose one collector of taxes, and all school 
district officers, that incorporated towns are entitled to ; who 
shall have the same power, and be under the same restric- 
tions, that such officers are in incorporated towns. 

7. All school districts in such plantations shall have power 
to raise money to hire, buy, or build, a suitable school house 
for the benefit of the district, and shall likewise have power 
to raise money for the support of schools. 



180 



MAINE TOWNSMAN. 



8. All school district meetings shall be called by the as- 
sessors of the plantation, on the written application of three 
or more of the legal voters of such district, stating the reason 
and objects of their proposed meeting; and at such meeting 
the inhabitants of said district shall have power to raise money 
for the purposes stated in the seventh section. 

9. Whenever any such school district shall vote to raise any 
sum of money, the assessors shall make out a valuation of the 
property, real and personal, that is liable to be taxed, except 
wild lands, including improved real estate, whether owned by 
a resident in the district or not, together with all the polls in 
said district. 

10. The assessors shall assess the tax, and commit the 
same to the collector, who shall pay it over to the treasurer. 
Act of 1850. 



CHAPTER LX. 



GENERAL PROVISIONS RELATIVE TO EDUCATION. 



3. Board of Education. 

2. Forfeitures how recovered. 

3. Secretary of State's duties. 

4. Apportionment of school funds. 

5. Secretary to furnish blanks. 



6. Penalty for disturbing schools. 

7. Parents liable for certain injuries, 

8. Word " town," what it includes. 

9. Executions against school districts. 



1. The superintending school committees of the several 
towns, and the clerks of the several plantations in each coun- 
ty, are required to assemble annually, to choose by the ma- 
jority of those present, one person, a resident of the county, 
who shall be the member of the board of education for such 
county, and shall hold his office until a successor is duly 
chosen and qualified. Act of 1850. 

2. All forfeitures and penalties for the breach of any of 
the foregoing provisions of the act of 1850 for the " Educa- 
tion of youth," shall be recovered by indictment, before any 
court of competent jurisdiction ; and it shall be the duty of 
all grand jurors to make due presentment thereof in all cases 
that shall come to their knowledge ; and such penalty, when 



PROVISIONS RELATIVE TO EDUCATION. \g\ 

recovered, shall, in all instances, be paid into the treasury of 
the town where the same was incurred, for the support of 
schools therein, in addition to the amount required by law to 
be raised ; but the costs of the prosecution, when recovered, 
shall be paid into the county treasuiy. 

3. The Secretary of State shall ascertain annually, from 
the statements of superintending school committees required 
to be returned, the aggregate number of children between 
the ages of four and twenty-one years, in the several towns 
from which returns shall be seasonably made, and notify the 
treasurer of the State of the number so ascertained. 

4. The treasurer shall annually, in the month of May, dis- 
tribute to the several cities, towns and plantations, including 
plantations organized for election purposes only, a sum of 
money, equal to the whole amount received during the year 
last preceding, from the tax of the several banks, from the 
interest of the permanent school fund at six per cent., and 
from whatever other funds may, from time to time, be ap- 
propriated to the same uses, according to the number of 
children of the above described ages, to them severally be- 
longing, as exhibited in the said notification ; and shall, as 
soon as may be after the twentieth day of May, of the same 
year, pay to the treasurer of the said several cities, towns 
and plantations respectively, or to their order, the sums which 
shall fall to them, on such apportionment ; but no city, town 
or plantation, from which the full and complete returns re- 
quired by law, shall not have been received at the office of 
the secretary of state on the tenth day of April, shall be en- 
titled to receive any portion of the bank tax, interest on the 
permanent school fund, or other fund which may from time 
to time be apportioned for the support of schools ; and such 
portion, which would otherwise belong to said town, city or 
plantation, shall be divided among the cities, towns and plan- 
tations, from which returns shall have been received, unless 
it shall be made to appear to the governor and council, on or 
before the fifteenth day of May then next following, that said 
returns were seasonably forwarded, or that the omission to 
to make said returns was occasioned by unavoidable accident ; 
and in case it shall be so made to appear, said city, town or 
plantation, shall be entitled to receive its proportion of money, 
upon making out the proper returns immediately after such 
hearingbefore the governor and council. Anditis hereby made 



182 MAINE TOWNSMAN. 

the duty of the secretary of state, to notify any city, town or 
plantation, from which returns are not received by the tenth 
day of April, of their delinquency. 

5. The secretary of state, on or before the first day of Oc- 
tober, annually, shall furnish to the superintending school 
committees, the blank forms required by law to be used in 
making school returns. 

6. If any person, whether he be a scholar or not, shall 
enter any school house or other place of instruction, during 
or out of school hours, the teacher or any of the pupils being 
therein, and shall willfully interrupt or disturb the teacher or 
pupils by loud speaking, rude or indecent behavior, signs or 
gestures ; or if any person shall willfully interrupt a school 
by prowling about the building, by making noises, or by 
throwing missiles at the school house, or in any wise disturb- 
ing the school, the person so offending shall pay a fine of 
not less than two, nor more than twenty dollars. 

7. If any minor shall injure or aid in injuring any school 
house or out buildings, or any utensils or appurtenances be- 
longing to the same ; or shall by marks, cuts or otherwise, 
deface the walls, benches, seats or other parts of said build- 
ings, said district, by its agent or committee, may recover of 
the parent or guardian of such minor, double the amount of 
damages occasioned by such minor. 

8. In the construction of the act of 1850, the word " town " 
shall include " city " and " plantation," except where such 
construction may be inconsistent with the context ; and the 
duties and powers of the selectmen, shall be deemed in the 
same mannner to belong to the aldermen of cities, and assess- 
ors of plantations ; and other officers of cities and the planta- 
tions, respectively, shall be included in the description of 
town officers, having like authority in other cases. 

9. The provisions of chapter one hundred and seventeen 
of the revised statutes, which are contained in the sections 
from forty-two to forty-nine, both inclusive, shall apply as 
well to executions against any school district, as against 
towns. Act of 1850. 



PARISHES. 1S3 



CHAPTER LXI. 
PARISHES. 



1. Mode of calling a meeting to form a 

parish. 

2. Parish organized. 

3. Form of application to a justice. 

4. Form of warrant to call a meeting. 

5. Form of notification. 

6. Form of return of notification. 

7. Annual meetings. 

8. When meetings may be called. 

9. Meeting called, if the assessors re- 

fuse. 
10. Membership of a religious society. 



13. No person compelled to belong to a 

parish. 

14. Territorial parishes not dissolved. 

15. When a parish is set off from a 

town. 

16. Parishes may raise money. 

17. Money assessed on pews. 

18. Sale of pews for payment of tax. 

19. Pew tax, notice of. 

20. Treasurer may be collector. 

21. Abatements. 

22. Warrant of Assessors. 



11. Dissolution of membership. 23. Taxes on the funds of religious socie- 

12. Persons leaving local parishes. ties. 

1. Any persons of the age of twenty-one years or more, 
desirous of becoming a parish or religious society, may ap- 
ply to a justice of the peace, who shall issue his warrant to 
one of them, directing him to notify the other applicants to 
meet at some proper place expressed in such warrant ; and he 
shall give notice of such meeting seven days at least before 
holding the same, by posting a notification thereof on the 
outer door of the meeting house or place of public worship 
of such society, if any there be, otherwise at such place as 
the justice may appoint. R. S. c. 18. § 1. 

2. Such persons, so assembled, may choose a clerk and 
other needful parish officers, and shall thereupon become, and 
are declared to be a corporation, and body politic, and shall 
bear such name as they shall assume. lb. § 2. 

3. The form of application to a justice may be as follows : 

To A. B., Esquire, one of the justices of the peace in and 
for the county of . 

The subscribers, desirous of becoming an incorporated 
parish (or a religious society, as the case may be) under the 

name of the — — society of the town of , request you 

to issue a warrant to one of said applicants hereby applying 
to you, directing him to call a meeting of said applicants, to 



1Q4 MAINE TOWNSMAN. 

be held at , in the town of , on the — — day of , 

at o'clock in the noon, for the following objects, 

to wit : (here state the purposes of the intended meeting.) 

Dated at , this — - day of , A. D. 18—. 

E. G., and seven others. 

4. The form of a warrant to call a meeting may be as 
follows : 

State of Maine. 
ss. 

To E. B., of , in said county. Greeting. 

Whereas E. G. and other persons, associated to form 

an incorporated parish (or religious society) in the town of 

, under the name of , having applied to me , 

one of the justices of the peace in and for said county, re- 
questing me to issue a warrant, directed to one of said appli- 
cants, directing him to call a meeting of said persons, accord- 
ing to law, to act upon the following objects, to wit : (here 
state the purposes of the meeting.) You are hereby directed 
to notify a meeting of said persons, according to law, to be 

held at , in said town, on the day of at 

o'clock in the noon, for the purposes aforesaid. 

Given under my hand, at said , this day of , 

18 — . A. B., Justice of Peace. 

5. The form of notification may be as follows : 

Pursuant to the foregoing warrant to me directed, I have 
notified said persons to meet at the time and place and for 
the purposes aforesaid. 

Dated at , this day of , 18 — . E. B. 

6. The form of return of notification may be as follows : 

This certifies, that I posted up the aforesaid notification on 
the outer door of the meeting house of said society, (or state 

the place appointed by the justice,) on the day of , 

and on the same day I posted a like notification at , in 

said town. E. B. 

7. The annual or other meetings of such parish may be 
called by the assessors thereof, to be notified as aforesaid, or 



PARISHES. 185 

in any other manner, as may be agreed on by the vote of 
the parish ; and the members may choose a clerk, who shall 
be sworn, assessors, collector, treasurer, standing committee 
and other needful officers. The assessors shall be sworn. — 
lb. § 4. 

8. When five members of any parish shall, in writing, re- 
quest the assessors to call a meeting, or insert an article in 
their warrant, it shall be their duty so to do. 

9. When assessors refuse to call a meeting or insert an ar- 
ticle in their warrant, any justice, on the written application 
of five members, may issue his warrant to one of the appli- 
cants, who shall notify such meeting, as in section 1. lb. § 7. 

10. Any person may become a member of any parish or 
religious society by being accepted as such by the parish, at 
a legal meeting. lb. § 12. 

11. Any person may dissolve his connection with a parish 
or religious society, by leaving with the clerk thereof a certi- 
ficate of his intention so to do. lb. § 14. 

12. Any person arriving at the age of twenty-one years, 
and residing within the limits of any local parish holding 
funds, or removing into such parish after being of age, shall 
be deemed a member thereof until he dissolves his connec- 
tion voluntarily. lb. § 13. 

13. No person shall be compelled to join, or be classed 
with, any parish or religious societv, without his consent, 
lb. § 16. 

14. No territorial parish shall be hereby dissolved. lb. §17. 

15. When a parish shall be set off from a town, the re- 
maining part of the town shall constitute the first parish. 
lb. § 19. 

ASSESSMENT AND COLLECTION OF PARISH TAXES. ' 

16. Every parish may, at a legal meeting, vote and grant 
such sums of money as may be necessary for the support of 
the public ministry of religion, and for building, repairing 
and removing houses of public worship, and other necessary 
parish charges ; and such sum may be assessed and collected 
by the same rules as State taxes. lb. § 8. 

17. When any house of worship belongs to the members 
of the parish, or where the same and the fee of the land on 
which it stands is vested in trustees for the use of a parish, 



186 MAINE TOWNSMAN. 

such parish may, if they see cause, assess any monies voted 
as aforesaid, wholly, or in part, on the pews or- seats of indi- 
vidual owners, whether members of such parish or not ; and 
they may be present and vote in granting all sums to be as» 
sessed on such pews or seats. lb. § 9. 

18. When taxes, so assessed on pews or seats, shall re- 
main unpaid for six months after the assessment thereof, the 
treasurer shall sell the same at auction, first posting notice of 
such intended sale at the principal outer door of such house 
of worship, three weeks before the time of sale, stating the 
numbers, if any, of the pews or seats, and the amount of tax 
due on each ; and shall execute or deliver to the purchaser 
of any pew or seat a deed thereof ; paying over to the owner 
the overplus, if any, of the money arising from the sale, af- 
ter deducting the amount of tax and incidental charges. lb. 
§ 10. 

19. All monies paid by any person for the support of pub- 
lic worship, by a tax on any pew or seat, shall be paid to 
such teacher of his own religious sect as he may designate, 
he leaving a written notice of such designation with the clerk 
of such parish, on or before the annual meeting, unless such 
owner shall use such pew or seat himself, or by his family, or 
other person occupying it under him ; and it shall be suffi- 
cient that such teacher be ordained or qualified according to 
the usages of his particular sect or communion. lb. § 11. 

20. Any parish or religious society may appoint their 
treasurer collector of taxes. lb. § 27. 

21. Such parish or society may authorize abatements for 
prompt pay. lb. § 28. 

22. The assessors of such parish shall deposit their assess- 
ments in the hands of the treasurer and collector for collec- 
tion, with a warrant for that purpose. lb. § 29. 

23. Whenever any taxes have been or may be legally as- 
sessed on the funds of any religious society, and the treasurer 
or person or persons having charge of such funds shall fail, 
after thirty days' notice, to pay such taxes, such treasurer, or 
person or persons having charge of such funds, shall be per- 
sonally liable for such taxes, to be collected in the same man? 
ner as their own taxes are collected. Act of 1849. 



MEETING HOUSE, 



187 



CHAPTER LXII. 



MEETING HOUSES. . 



1. Incorporation to build a meeting 
house. 

2; Owners of a meeting house may in- 
corporate themselves. 



3. Decayed or unoccupied house. 

4. Owners of meeting houses and pews; 

5. Same subject. 

6. Same subject. 



1. Any number of individuals may incorporate them- 
selves to erect a meeting house, as parishes may do. R. S. 
c. 19, § 1. 

2. The owners of any meeting house, or a majority of 
owners in interest in the same, not being a parish, may incor- 
porate themselves, to repair, enlarge, or remove the same* 
lb. § 2. Act Aug. 8, 1846. 

3. When any meeting house becomes decayed, or remains 
unoccupied for two years, the owners thereof, by vote agree- 
ing, may apply to the district court for leave to sell the same 
with or without the land belonging thereto ; and the judge, 
after notice, may order the same to be sold at auction by such 
agent as he may appoint ; and shall also appoint three com- 
missioners to ascertain what persons are interested in said 
house, and their respective shares, and the amount of debts 
due from the owners of said house ; and the net avails of 
such sale shall be applied, first, to pay the debts, and then, 
to be divided among the owners. R. Si c. 19, § 3. 

4. The owners of any meeting house, with the owners of 
pews therein, may be created bodies corporate ; and when a 
majority of such owners shall apply to a justice of the peace 
for such purpose, he shall issue his warrant to one of them, 
to notify the others to meet at the time and place, and for the 
purposes named in his warrant, by posting up a certified copy 
in two public places in the town, one of which to be on the 
outer door of such building ; and, when assembled, they 
may choose their officers, and become a corporation ; and 
mav, by a vote of the majority, control such meeting. lb. 
§ 4, 5. 



188 



MAINE TOWNSMAN*, 



5. When the owners who may not be applicants, shall re- 
fuse or neglect to designate another justice of the peace of 
the county, as provided by the ninth section of chapter nine- 
teen, of the revised statutes, the said justice may be appoint- 
ed by the justice of the peace and quorum applied to and se- 
lected, as provided in the eighth section of said chapter ; and 
the said justices shall thereupon exercise all the powers and 
duties conferred by the said chapter or any act in addition 
thereto. Stat. 1845. 

6. The provisions of the eighth, ninth, tenth, eleventh and , 
twelfth sections, of the said nineteenth chapter shall be ap- 
plied and extended to any organized society ; provided such 
society, or the members thereof, own pews to the number of 
five. Stat. 1845. 



CHAPTER LXIII. 



MINISTERIAL AND SCHOOL LANDS AND FUNDS. 



1. Fee in ministerial lands, how 

vested. 

2. Fee in school lands how vested. 

3. Trustees. 



4. Trustees may transfer funds* 

5. Lands vested in any parish. 

6. First meeting of trustees. Notice. 



1. The fee in lands granted or reserved for the ministry or 
the first settled minister, when not vested in some parish or 
individual, shall be vested in the inhabitants of the town, for 
the use and support of the gospel ministry in such town. R* 
S. c. 20, § 1. 

2. The fee in school lands, not already vested, shall be 
vested in the inhabitants of the town for the support of schools 
therein. lb. § 2. 

3. The selectmen, town clerk and treasurer, where no 
trustees are appointed, shall be trustees of the ministerial 
and school funds in the town ; and shall have power to sell 
and convey all ministerial and school lands therein, and place 
the proceeds on interest, and may hold estate for the use of 
the ministry, the annual income of which shall not exceed 
one thousand dollars, and for the use of schools, the annual 



MINISTERIAL AND SCHOOL LANDS AND FUNDS. \gQ 

income of which shall not exceed the sum raised in the town 
for schools. lb. § 67. 

4. The trustees of any ministerial fund may transfer funds 
to the selectmen, town clerk and treasurer of any town, as 
trustees of such fund, by consent of the town. lb § 12. 

5. Where lands are vested in any parish, the assessors, 
clerk and treasurer, where no trustees are appointed, shall 
be trustees of the ministerial fund in such parish. lb. 14. 

6. The first meeting of the trustees, in any year, may be 
called by a personal notice, given by one of said trustees to 
all the others, of the time and place of meeting, seven days 
at least prior to said meeting. lb. § 15. 



17 



TITLE VI. 



OF PAUPERS. 

Chapter 64. Settlement of Paupers. 

Chapter 65. Duty of Towns relative to the Poor, 

Chapter 66. Overseers of the Poor. 

Chapter 67. Minors and Apprentices. 

Chapter 68. Duty of kindred to poor relations, 

Chapter 69. Removal of Paupers. 

Chapter 70. Bastards. 

Chapter 71. Insane Persons. 

Chapter 72. Houses of Correction. 

Chapter 73. Work Houses. 



CHAPTER LXIV. 



SETTLEMENT OF PAUPERS. 



1. Modes of gaining a settlement. 

2. By marriage. 

3. By legitimate birth. 

4. By illegitimate birth. 

5. By division of towns. 

6. By apprenticeship. 

7. By residence of five years. 

8. By residence, March 21. 1821. 



9. By incorporation of towns. 

10. Settlements previously acquired. 

11. The word " settlement," meaning, 

12. Domicil depends on residence. 

13. Change of residence, distinction. 

14. Relations between father and child- 

ren. 

15. Marriage of paupers by collusion. 



1. Legal settlements in any town shall be hereafter gained, 
so as to subject and oblige such town to relieve and support 
the persons gaining the same, in case they become poor, and 
stand in need of relief, by the ways and means as prescribed 
in the eight following sections. R. S. c 32, § 1. 

2. A married woman shall always follow and have the 
settlement of her husband, if he have any within this State ; 
otherwise her own at the time of marriage, if she then have 



SETTLEMENT OF PAUPERS. J9| 

any, shall not be lost or suspended by the marriage.* lb. § 2. 
3. Legitimate children shall follow and have the settlement 
of their father, if he have any within the State, until they 
gain a settlement of their own ; but if he have none, they 
shall in like manner follow and have the settlement of their 
mother, if she have any.f lb. § 1, spec. § 2. 

*Marriage within the degrses of consanguinity, or where the wife 
has a husband or the husband a wife living, knowing such husband Or 
wife to be alive, shall be void ; and no settlement can be gained there- 
by. 4 Greenleaf s R. 292. 

A divorce destroys every settlement, that is only partially acquired. 
13 Maine R. 225. 

The wife gains no settlement by residing with her husband, unless he 
gains a settlement, though the husband is married to another woman. 
1 Greenleaf s R. 196. 

The settlement of a wife follows that of her husband, until a divorce 
is decreed, though they live separate ; and though the husband is mar- 
ried to and living with another woman. 13 Maine R. 225. 

The marriage of a woman with a man who is non compos, is not valid 
so as to change her settlement. 12 Mass. R. 365. 

If the husband does not reside in a town long enough to gain a set- 
tlement, and dies, his widow cannot acquire a settlement by residing 
there during the space within which, if the husband had lived, he 
would have gained a settlement. 15 Maine R. 434. 

fLegitimate children are considered as emancipated at the age of 
twenty-one years ; but if their health is such that it is proper that they 
should remain itrider the care of their parents, they are not to be con- 
sidered as emancipated. 3 Greenleaf s R. 388. 

A child not emancipated follows the settlement of the father. 4 
Mass. R. 496. A daughter under twenty-one years of age is eman- 
cipated by marriage. 13 Mass. R. 469. But a son under that age is 
not so emancipated. 15 Mass. R. 203. 

If the father have a settlement in this State, and dies, his legitimate 
minor children retain that settlement until they gain one for them- 
selves, even if their mother acquires a new settlement ; but if the 
father have no settlement in this State, the settlement of the minor 
children will follow that of the mother. 7 Greenleaf s R. 90. The 
rule as to illegitimate children is different. 5 Greenleaf's R. 123. 

A person becoming non compos after coming of age, does not follow 
the settlement of his father. 3 Pick. R. 173. 

The illegitimate non compos child of a non compos mother is consid- 
ered as emancipated. 5 Greenleaf's R. 123. 

A minor emancipated may gain a settlement. 3 Greenleaf s R. 220. 

If an alien marries and then leaves the State without an intention 
of returning, but afterwards tried to induce his child to live with him 
out of the State, the child was not emancipated, so as to gain a settle- 
ment of his own right, while a minor. 4 Greenleaf s R. 292. 



192 MAINE TOWNSMAN. 

4. Illegitimate children shall follow and have the settle- 
ment of their mother at the time of their birth, if any she 
then have within the State ; but neither legitimate nor illegi- 
timate children shall gain a settlement by birth in the places 
where they may be born, if neither of their parents then 
have any settlement there.* R. S. c. 32, § 1. 

5. Upon the division of any town, every person having a 
legal settlement therein, but being absent at the time of such 
division, and not having gained a legal settlement elsewhere, 
shall have his legal settlement in that town wherein his last 
dwelling place shall happen to fall upon such division ; when 
any new town shall be incorporated, composed of a part of 
one or more incorporated towns, every person legally settled 
in any town of which such new town is wholly or partly so 
composed, or who has begun to acquire a settlement therein, 
and who shall actually dwell and have his home within the 
bounds of such new town at the time of its incorporation, 
shall have the same rights in such new town in relation to 
settlement, whether incipient or absolute, as he would other- 
wise have had in the old town where he dwelt.f lb. § 1. 

6. Any minor who shall serve an apprenticeship to any 
lawful trade for the space of four years, in any town, and 
actually set up the same therein within one year after the 

*An illegitimate child retains the settlement ot its mother at the 
time of its birth ; and when emancipated can gain a settlement, but 
not until emancipated from the control of the mother. I Fair. R. 
356. 

There is no distinction between legitimate and illegitimate minor 
children, as to their power to acquire a settlement in their own right. 
2 Fair. R. 458. 

The marriage of the parents of an illegitimate child after its birth 
will not render the child legitimate. But this does not apply to a child 
born during the wedlock, though begotten before. 1 N. H. R. 261. 

fThe Pauper must have his settlement in the town at the time of its 
division ; but it is not material whether he then resides in the town or 
not. 3 Greenleaf s R. 390. 

An a lien gains no settlement by dwelling in the town at the time 
of its incorporation. 1 Greenleaf s R. 196. 

Whoever removes into a town, intending to dwell there an indefinite 
time, establishes his home therein. 13 Maine R. 235. 

A pauper whose settlement was acquired by residence in a part of 
the town, afterwards incorporated into a new town, but whose home 
was in the part remaining at the time of division, does not have anew 
settlement by the act of incorporation. 21 Maine R. 442* 



SETTLEMENT OF PAUPERS. 293 

expiration of said term, being then twenty-one years old, shall 
thereby gain a settlement in such town. lb. § 1. 

7. Any person of the age of twenty-one years who shall 
hereafter reside in any town within the State for the term of 
five years together, and shall, not during that term receive, 
directly nor indirectly, any supplies or support as a pauper 
from any town, shall thereby gain settlement in such town.* 
lb. § 1. 

8. Any person, resident in any town on the twenty-first 
day of March, 1821, who had not within one year previous 
to that date received support, or supplies from some town, as 
a pauper, shall be deemed to have a settlement in the town 
where he dwelt and had his home, unless he may have sub- 
sequently acquired some other settlement, under laws exist* 
ing for the time being.t lb. § 1. 

9. All persons dwelling and having their home in any un 
incorporated place, at the time when the same shall be incor- 
porated into a town, having resided within the limits thereof 
for five years previous to such incorporation, and not having 
received support as a pauper, shall thereby gain a legal set- 
tlement therein ; and any such person, who has so resided 
there for a less term than five years previous to such incor- 
poration, shall gain a legal settlement therein at the end of 
five years' continued residence, lb. § 1. 

*The words "having resided" in any town mean, having his home 
in such town. "Two years together," mean uninterrupted residence. 
11 Mass. R. 394. 

A temporary residence, without an intention to change his residence, 
will not prevent a settlement. 7 Mass. R. 1. But if during any part 
of the five years he had removed into another place for ever so short 
a period, it prevents his gaining a settlement. 21 Maine It. 334. 

( fWhen any person has been absent, however short, with the inten- 
tion of changing his residence, it will prevent the gaining a settlement. 
11 Mass. R. 394. 

Also, if during that time the person has been supported as a pau- 
per by the town in which his settlement then was. 13 Mass. R. 460. 

Also, if such person is committed to jail, and relieved as a pauper by 
the jailer. 12 Pick. R. 1. 

A settlement will be gained by such residence, although the wife 
of the person has been supported in another town, if it was done with- 
out his knowledge or consent. 19 Pick. R. 480. 

Also, if his wife and children have resided in another State, and he 
has occasionally visited them. 13 Mass. R. 50 1. 



J94 MAINE TOWNSMAN 

10. All settlements acquired under laws heretofore in force 
in this State, and not already lost, and all settlements ac- 
quired under this act, shall remain until lost by gaining others 
as aforesaid ; and upon such new settlement being gained, 
all former ones shall be defeated and lost. lb. § 1. 

11. The word "settlement," in reference to paupers, has 
become technical ; when it is said that a person has his set- 
tlement in a particular town, the meaning is that he has, in 
case of need, a right to support from the inhabitants of that 
town. 19 Maine R. 300. 

12. Domicil depends on residence and intention ; both are 
necessary to constitute it ; and where it is once fixed, it is to 
continue until a determination to reside elsewhere has been 
carried into effect. 21 Maine R. 334. 

13. There is a marked distinction between the place of 
residence and the place of legal settlement. The latter can- 
not be changed without acquiring a new one. The former 
may be abandoned without evidence that another residence 
has been secured. 19 Maine R. 375; 

14* Children living separate from the father on account of 
his poverty, the parental and filial relations still subsisting, 
are under the parent's care ; and supplies furnished them are, 
indirectly* supplies furnished him. 19 Maine R. 441. 

15. In all suits brought between towns, in which the set- 
tlement of any pauper is at issue, if it shall appear to the 
jury that there was any agency or collusion on the part of the 
officers of the town interested in the issue, in causing or pro- 
curing the marriage of such pauper or person, to a person of 
the antagonist town, with a view of changing the settlement 
of such pauper or person thus married, and of fixing or es- 
tablishing the settlement of such pauper or person on the an- 
tagonist, or some other town than the town in which such 
officer or officers resided, then such marriage shall be deemed 
so far fraudulent that no new settlement shall be acquired by 
such marriage, but the settlement of such pauper or person 
shall remain unchanged, by such marriage. Act of 1846. 



DUTY OF TOWNS RELATIVE TO THE POOR. J95 



CHAPTER LXV. 
DUTY OF TOWNS RELATIVE TO THE POOR. 



1. Duty of towns to support the poor. 

2. Choice of overseers of the poor. 

3. Paupers in unincorporated places. 

4. Liability of the town in such case. 

5. Plantations may raise money. 

6. Pauper liable to pay for his support. 

7. Pauper in jail. Creditor liable. 

8. Discharge of creditor, no release. 

9. Compensation of jailor. 
10. Towns liable after notice. 



11. Poor laws regulated by statute. 

12. Towns liable for reasonable expen- 

ses only. 

13. When a town is not liable. 

14. If a pauper afterwards acquire prop- 

erty. 

15. Leaving a pauper in a town, pen- 

alty. 

16. Paupers not to be sold at auction. 



1. Ever} 7 town shall be holden to relieve and support all 
poor and indigent persons, lawfully settled therein, whenever 
they shall stand in need of such assistance ; and may raise 
monies therefor, and for their employment, in the same 
way that monies for other town charges are raised. B,. S. 
c. 32, § 4. 

2. Towns may at their annual meetings choose any nurm 
ber, not exceeding twelve suitable persons, dwelling therein, 
to be overseers of their poor ; and where such are not spe- 
cially chosen, the selectmen shall be overseers of the poor. 
lb. § 4. 

3. All persons standing in need of relief, living without 
the bound of any incorporated town, shall be under the care 
of the overseers of the poor appointed in the adjoining town, 
wherein the inhabitants of such incorporated place are liable 
to be taxed ; and the said overseers may bind out the child- 
ren of such poor persons as if they were inhabitants of the 
town in which such overseers are appointed ; and may set 
to work and bind out persons of like description dwelling in 
such unincorporated place, as if in their own towns ; such 
persons to be entitled, also, to similar remedy and relief, if 
aggrieved thereby. lb. § 26. Any town, at its annual 
meeting, may contract for the keeping of the poor of the 
town for any time not exceeding five years. Stat. 1845, 
c. 147. 



196 MAINE TOWNSMAN. 

4. Whenever the overseers of the poor of any town shall 
furnish relief and support to any poor persons residing within 
any unincorporated place, as in section three, the town fur- 
nishing the same shall be remunerated by the town where 
such poor persons may have their settlement, in the same 
manner as if such persons had been residents of their town, 
lb. § 27. 

5. Any plantation, at any legal meeting, may raise money 
for the relief of the poor therein, to be applied by their as- 
sessors, lb. § 53. 

6. Any town which has incurred expense for the support 
of any pauper, whether legally settled in such town or not, 
may recover the amount of the same against such person, 
his executors or administrators, in an action of assumpsit. 
lb, § 50. 

7. Every town whcih shall incur the expense of any pau- 
per in prison, committed in any civil action, may recover the 
same in an action at law against the creditor, at whose suit 
such debtor shall have been convicted, not exceeding the 
rate of one dollar twenty-five cents per week, during such 
imprisonment. lb. § 32. 

8. Any such creditor may at any time discharge his debt- 
or, committed as aforesaid, and such discharge shall not oper- 
ate to release the debtor from the debt and costs on which he 
was committed. lb. § 33. 

9. The keeper of any prison shall be entitled to receive 
at the rate of one dollar twenty-five cents per week and 
no more, for the support of such pauper under his care. lb. 
§34. 

10. Every town shall be held to pay any expense which 
may be necessarily incurred for the relief of any pauper, by 
any inhabitant who is not liable by law for his support, after 
notice and request made to the overseers of the poor of said 
town, and until provisions shall be made for them. lb. § 48. 
No person can maintain an action against a town for supplies 
to a pauper, but the person who gave the notice to the over- 
seers. 20 Maine R. 75. 

11. The system of poor laws is founded on the provisions 
of our statutes ; and no action can be maintained against a 
town for the support of any pauper, unless it be given by 
statute. 

12. Towns are liable for reasonable expenses only, notal- 



DUTY OF TOWNS RELATIVE TO THE POOR. 197 

ways for the sums paid, if extravagant. 15 Mass. R. 248. 

13. If a town, supposing itself liable for the support of a 
pauper, pays certain expenses incurred therefor, and after- 
wards discovers that another town is liable, the amount so 
paid cannot be recovered back of such other town. 12 Pick. 
B. 1. 

14. The town cannot recover of a pauper the sums ex- 
pended for his support, if such pauper should afterwards 
acquire property. 

15. If any person shall bring into and leave any in- 
digent person in any tow r n wherein such pauper is not legally 
settled, knowing him to be poor and indigent, and with intent 
to charge such town with his support, he shall forfeit a sum 
not exceeding one hundred dollars for every such pauper, to 
be sued for and recovered by and to the use of such town, by 
action of debt in any court proper to try the same. R. S. 
c. 32, § 54. 

16. It shall not be lawful for the inhabitants of any town 
to permit any poor and indigent persons, chargeable to such 
town, to be set up and bid off by way of auction, either for 
support or service : provided nothing in this act shall be con- 
strued to prevent any town from contracting for the support 
of their poor by receiving proposals therefor, reserving to 
themselves the right to judge of the fitness of the person 
making the proposal. Act 1847. 



198 



MAINE TOWNSMAN. 



CHAPTER LXVL 



OVERSEERS OF THE POOR. 



J . Choice of overseers of the poor. 

2. Overseers have care of the Poor. 

3. Overseers may bind out adult poor, 

or idle persons. 

4. Persons aggrieved may be dis- 

charged. 

5. Form of an indenture. 

6. Reasons stated in the indenture. 

7. Penalty of keeping houses of ill- 

fame; overseers to prosecute. 

8. Complaint for keeping a house of ill- 

fame. 

9. Form of mittimus. 

10. Intemperate poor may be sent to the 

house of correction. 

11. Form of complaint. 

12. Death of a pauper ; overseers may 

take his effects. 



13. Overseers may prosecute and defenu 

suits. 

14. Overseers to relieve persons of other 

towns. 

15. Recovery no bar in a future action. 

16. Relief of persons having no settle- 

ment. 

17. Form of notice to the overseers. 

18. Notice, how signed. 

19. Supplies. 

20. Notice be given in good faith. 

21. Notice may be sent by mail. 

22. Postage. 

23. Names of paupers to be stated in the 

notice. 

24. Overseers bound to afford immediate 

relief. 

25. Where the applicant may be relieved. 

26. Application for relief, how made. 



1. The choice of overseers of the poor. See c. 4, § 2. 

2. The overseers of the poor shall have the care and over- 
sight of all such poor and indigent persons as are chargea- 
ble to their respective towns and shall see that they are suit- 
ably relieved, supported and employed, either in the work 
house, or other tenements belonging to such towns, or in such 
other way as such towns, at a legal meeting, may direct, or 
otherwise, at the discretion of their overseers, and at the cost 
of such towns. R. S. c. 32, § 5. 

3. The overseers of the poor shall have the power to set to 
work or bind out to service, by a deed, not exceeding one 
year at a time, all such persons residing and lawfully settled 
in their respective towns, or who have no such settlement in 
this State, married or unmarried, upwards of twenty-one 
years of age, as are able of body, but have no apparent 
means of support, and who live idly, and all persons who are 
liable by law to be sent to the house of correction, upon any 
reasonable terms and condition. lb. § 24. 

4. Any person thinking himself aggrieved by the doings 



OVERSEERS OF THE POOR. \§Q 

of said overseers in the premises, may apply by complaint 
to the district court in the county, where he is bound, or 
where said overseers reside, for relief, which court, after due 
notice to the master of such person, and the overseers of 
such person's town, shall have power, if they see cause, to 
release the complainant from his master, or the care of the 
overseers ; otherwise to dismiss the complaint, and to give 
costs against either party, or against said town. lb. § 25. 

5. The form ot an indenture under section three, may be 
as follows : 

This indenture made by and between overseers of 

the poor of the town of , in the county of , and 

State of Maine, of the one part, and , of the said town, 

of the other part witnesseth : That said overseers by the au- 
thority vested in them by law, have bound, and do hereby 

bind out to labor to the said for one year from the date 

hereof a person residing in said town, [or a person re- 
siding in said town, but having no settlement in the State, as the 
case may be,] who is able of body, but who has no apparent 
means of support ; and who lives idly and pursues no lawful 

business. During which time said shall faithfully serve 

said in all things, whereunto he may lawfully command 

him. And the said covenants on his part that he will 

pay said overseers for the service of said for the term 

aforesaid, the sum of dollars, to be by them applied to 

the maintenance of said [if he have a family, add, 

" or his family."] 

In witness whereof said parties have hereto set their hands 

and seals, this day of- , A. D, 185-. 

(• Seal. 
I Seal. 
( Seal, 

Signed, sealed and delivered in presence of. 

6. It is not necessary that the person so bound should have 
a settlement in the town, but merely that he should reside in 
the town, and be relieved as a pauper. The reason of the 
binding out should be stated in the indenture. Two copies 
of the indenture should be made and signed, one for the use 
of the town, and the other for the use of the other party. 

7. Any person duly convicted of keeping a house of ill- 



200 MAINE TOWNSMAN. 

fame, before any justice of the peace, or district court, may- 
be ordered to the house of correction, either of their own 
town or county, or to the county jail, for a term not exceed- 
ing one month ; and it shall be the duty of the overseers of 
the poor, in their respective towns, to prosecute all those 
whom they may have good cause to suspect of being thus 
guilty. Any person thus convicted shall not be allowed to 
keep lodgers or boarders in any town, without license of the 
overseers thereof. lb. § 28. 

8. The form of complaint against a person for keeping a 
house of ill-fame, may be as follows : 

To Esq., one of the justices of the peace for the 

county of : complain overseers of the poor of the 

town of ,that of said is suspected of keeping 

a house of ill-fame, resorted to for the purpose of prostitu- 
tion and lewdness ; wherefore, your complainants pray that 

a warrant may be issued for the apprehending of said ; 

that he may be examined touching the premises, and be 
otherwise dealt with according to law. 



A. B. } 

C. D. } 
E. F.j 



Overseers of the poor ef- 



9. The form of the mittimus to the house of correction 
may be as follows : 

To , Master of the house of correction, in the town of 



You are hereby required in the name of the State of Maine, 
to receive and keep of — - — , in the house of correc- 
tion for the town of , for the term of hours, unless 

sooner discharged by our order. 

Dated at , this day of -, A. D. 18—. 

) Overseers of the house 
) of correction of . 

10. When any poor person, being in any town and stand- 
ing in need of support, is notoriously subject to habits of 
intemperance, it shall be the duty of the overseers of the 
poor in such town to apply, by complaint, to any justice of 
the peace in their county, who shall issue a warrant thereon 
against any such person ; and after a hearing before such 



OVERSEERS OF THE POOR. 201 

justice, if he shall adjudge that such person is thus subject to 
habits of intemperance, he shall order him to be committed 
to the house of correction, there to be supported at the ex- 
pense of the town in which he has a settlement ; and when 
not having any such settlement in this State, at the ex- 
pense of the county, till discharged by the overseers of the 
town in which such house of correction is situated, or by two 
justices of the peace and quorum. B,. S. c. 32, § 49. 

11. The form of a complaint, as in section ten, may be as 
follows : 

To , Esq., one of the justices of the peace in and for 

the county of — — ; complain, , overseers of the poor of 

the town of , that , a poor person, and standing in 

need of support, is notoriously subject to habits of intemper- 
ance ; wherefore, they pray that your honor will issue a war- 
rant against the said , to the end that such proceedings 

may be had in the premises as by law are required. 

Dated at , this day of , A. D. 185-. 

> Overseers of the poor of . 



12. Upon the death of any pauper who, at the time of his 
decease, shall be actually chargable to any town, the over- 
seers of the poor of such town may take into their possession 
all the personal property of such pauper. If no administra- 
tion shall be taken upon the estate of such pauper within 
thirty days after his decease, said overseers may sell so much 
of said property as may be necessary to repay the expenses 
incurred for such pauper. If any part of such property shall 
be withheld from said overseers, they shall have the same 
remedy for the recovery of such property, or the value there- 
of, as an administrator of said pauper might have in like case, 
lb. § 51. 

13. In all actions and prosecutions by complaint under the 
provisions of this chapter, for or against any town, or against 
any individual, the overseers of the poor of any town be- 
coming a party, or any person in writing under their hands 
appointed, may appear and prosecute or defend the same to 
final judgment and execution, in behalf of such town. lb. § 52. 

14. The overseers of the poor, in their respective towns, 
shall also provide for the immediate comfort and relief of all 

18 



202 MAINE TOWNSMAN. 

persons residing or found therein, not belonging thereto, but 
having lawful settlements in other towns, when they shall fall 
into distress, and stand in need of immediate relief, and until 
they shall be removed to the places of their lawful settle- 
ments ; the expenses whereof, incurred within three months 
next before written notice given to the town to be charged, 
as also of their removal, or of their burial, in case of their 
decease, may be sued for and recovered of the town which 
is liable therefor, iri an action at law, providing that such 
action for damages be instituted within two years after the 
cause of action shall have arisen, but not otherwise. lb. § 29. 

15. A recovery in such action shall bar the town against 
which it shall be had, from disputing the settlement of such 
pauper with the town so recovering, in any future action 
brought for the support of such pauper. lb. § 30. 

16. The overseers of the poor of each town shall also 
relieve and support, and, in case of their decease, decently 
bury all poor persons residing or found in their towns, having 
no lawful settlement within this State, when they stand in 
need, and may employ them as they may other paupers ; 
the expense whereof may be recovered of their relations, if 
they have any, chargable by law for their support in man- 
ner before provided ; otherwise, it shall be paid out of their 
respective town treasuries. lb. § 46. 

17. The form of notice as in section fourteen, may be as 
follows : 

To the overseers of the poor of the town of , in the 

county of , in the State of Maine. 

Gentlemen : 

You are hereby notified that A. B., an inhabitant of your 
town, having fallen into distress, and in need of immediate 

relief, in the town of , which has been furnished by said 

town on the account and at the proper charge of the town of 
, where said A. B, has his legal settlement, you are re- 
quested to remove said A. B., or otherwise provide for him 
without delay, and to defray the expense of his support in 

said town of . The sums expended for his support up 

to this date are . 

Dated at , this day of , A. D. 185-. 

> Overseers of the poor of . 



OVERSEERS OF THE POOR. 203 

18. The foregoing notice should be signed by the over- 
seers of the poor, if there are any chosen by the town ; if 
not, by the selectmen, as overseers of the poor, and not as 
selectmen. 

19. It is not material whether the supplies have been paid 
for by the town before the notice is given or not. 

20. Notice must be given in good faith. If it contains 
charges for sums not expended, or overcharges, nothing can 
be recovered for the items in which they are included. 8 N. 
H. R. 145. 

21. The arrival of the notice at the post office in the town 
to which it is directed, is equivalent to a delivery to the over- 
seers. 21 Maine R. 298. 

22. It is not necessary that the postage on the letter in 
which the notice is sent, should be paid by the town sending 
it. lb. § 298—443. 

23. A notice that C. D. and her three children were 
chargable, is insufficient as to the children, but sufficient as 
to her, if the expenses are paid separately. The names of 
the children should be stated. 4 Pick. R. 358. 

24. If the person applying for relief is poor and unable 
to support himself, and stands in need of immediate relief, 
the overseers are bound to relieve him. The manner of 
affording relief is discretionary ; but distress must not go un- 
relieved, lb. 

25. In special cases, as of sickness, or when the amount 
of assistance required is small, or where removal would be 
inexpedient or dangerous, the applicant may be relieved at 
his home ; but a poor farm, where one is provided by the 
town, is the proper place to afford assistance. 

26. Application for relief should be made by the pauper 
either personally, or by some person authorized by him to 
apply, but need not be in writing ; and the overseers, when 
they are satisfied as to the necessity of the applicant, should 
not refuse to afford relief. lb. 



204 



MAINE TOWNSMAN. 



CHAPTER LXYII. 

DUTY OF OVERSEERS RELATIVE TO MINORS AND APPRENTICES. 



1. Overseers may bind out minors. 

2. Provision in the indentures. 

3. Duty of overseers to minors. 

4. Form of indenture. 

5. Complaints against masters. 

6. Form of complaint. 

7. When a minor is discharged. 

8. Action not to abate, when. 

9. Suit on indentures. 

10. Expiration of apprenticeship. Rem- 

edy for damages. 

11. If apprentice abscond. 



12. Enticing an apprentice to abscond. 

13. District court may discharge appren- 

tices. 

14. Form of complaint. 

15. Neither party can terminate an in- 

denture. 

16. Power of binding apprentices, how 

to be exercised. 

17. Indenture to cease after the death 

of a master. 

18. Meaning of indenture. 

19. Indenture void — when. 



1. The overseers of the poor may bind by indentures, as 
apprentices or servants, in any lawful employment, any minor 
children whose parents become actually chargeable to their 
town ; or any whose parents, in the opinion of said overseers, 
are unable to maintain them, whether they receive alms or 
are chargable, or not ; or any who are themselves charga- 
ble, as having a settlement in said town, to any citizen of this 
State ; that is to say, male children till they come to the age 
of twenty-one years, and females till they come to the age 
of eighteen years, or are married within that time ; and the 
consent of said minors, though more than fourteen years of 
age, or of their parents, shall not be material to the validity 
of such binding. R. S. c. 32, § 13. 

2. Provision shall be made in such deed or indentures, for 
the instructing of male children so bound out, to read, write 
and cypher ; and of females, to read and write ; and for such 
other instruction, benefit and allowance, either within or at 
the end of the term, as the overseers may think reasonable, 
lb. § 14. 

3. It shall be the duty of said overseers to inquire into the 
treatment of such minor children, who now are, or may be 
bound out, and to protect and defend them in the enjoyment 
of their rights, as well in reference to their master as others, 
lb. § 15. 



DUTY OF OVERSEERS. 205 

4. The form of an indenture for overseers to bind out the 
minor child of a poor person, may be as follows : 

This indenture, made on the day of * , by and 

between , overseers of the poor of the town of , in 

the county of , of the one part, and • , of said , 

printer, of the other part, witnesseth : 

That the said , in tlveir capacity as overseers of the 

poor, have bound and do hereby bind , a minor son of 

, of said town, who has become chargable to said town, 

[or who, it is thought by the overseers, are not able to main- 
tain such child, as the case may be] unto the said , as 

an apprentice, to learn the trade of a printer, and to live 

with and faithfully serve him as an apprentice, to the 

day of , A. D. 185-, at which time, he will be of the 

age of twenty-one years ; and during all said time he shall 
obey all the lawful commands of said master, and conduct 
himself as a faithful apprentice ought to do. 

And the said ,on his part, for the consideration afore* 

said, covenants that he will faithfully teach his said appren- 
tice, or cause him to be taught, the trade or business of a 
printer, in the best manner he can, and will cause him to be 
taught to read, write and cypher, and will furnish him with 
sufficient clothing, food and necessaries, both in sickness and 
health, during said term. [Here insert the other conditions, 
if any.] 

In witness whereof, the parties have hereunto set their 
hands and seals, the day of , A. D. 185-. 



A., 
B. 
C. 
D. 

Signed, sealed and delivered 
in presence of 



seal] ' 

seal] > Overseers of the poor of - 
^seal] J 



5. Upon the complaint by said overseers, made to the dis- 
trict court in the county where their town is, or where the 
master of the child bound out as aforesaid may reside, against 
the master of any such child for abuse, ill treatment, or ne- 
glect, said court, having duly notified the party complained 
of, may proceed to hear the complaint ; and if the same be 
supported, and the cause shall be judged sufficient, may dis- 



206 MAINE TOWNSMAN. 

charge such child from his or her master, with costs, for 
which execution may be awarded ; otherwise -the complaint 
shall be dismissed, but with or without costs for the respond- 
ent, at the discretion of the court, as the complainant may 
appear to be justified by probable cause or not. K.. S. c. 32, 
§ 16. 

6. The form of complaint may be as follows : 

To the honorable the justices of the district court for the 

district for the county of , hoi den at , in said 

county, on the Tuesday of , A. D. 185-, complain ; 

, A., B., C, overseers of the poor in the town of , in 

said county, that , a minor, on the day of , 

A. D. 185-, was legally bound out as an apprentice, [or ser- 
vant] by indenture, to learn the trade of a printer, from that 

date, until the day of , A. D. 185-, at which time, 

he will be of the age of twenty-one years. 

And your complainants allege that said has abused 

and ill-treated, [or neglected] said, having, [here insert 

the ill-conduct of the master complained of,] all of which is 
against the peace and dignity of this State, and contrary to 
the statute in such case made and provided ; wherefore your 
complainants pray that your honors would liberate and dis- 
charge said , with costs, from his said apprenticeship. 

Dated at , this day of , A. D. 185-. 

) Overseers of the poor 
) of the town of . 

7. Any such apprentice or servant, so discharged, or 
whose master may decease, may be bound out anew as 
aforesaid, for the residue of the term. lb. § 17. 

8. Said overseers may also have remedy by action on such 
indentures, against any person liable thereby, for recovery 
of damages for breaches of any of the covenants therein 
contained ; and the amount recovered shall be placed in the 
town treasury, deducting reasonable charges, and disposed 
of by the overseers for the time being at their discretion 
within the term, for the benefit and relief of such apprentice 
or servant ; the remainder, if any, shall be paid over to him 
at the expiration of the term. The court, before which such 
cause shall be tried, may also upon the plaintiffs' request, if 
they see cause, liberate and discharge such apprentice or 



DUTY OF OVERSEERS. 207 

servant from his master, if not already done by the process 
herein before provided. lb. § 18. 

9. No action brought by overseers, as aforesaid, shall 
abate by the death of some of them, or by their being suc- 
ceeded in office pending the action, but it shall proceed in 
the name of the original plaintiffs, or the survivors of them, 
lb. § 19. 

10. Such apprentice or servant shall have remedy at the 
expiration of his term for damages for the aforesaid causes, 
other than for such causes as may have been tried in a suit 
or suits, commenced as aforesaid by the overseers, either in 
a special action on the case, or trespass, or on the deed or 
indentures aforesaid ; provided, the suit shall be commenced 
within two years after the expiration of his term. For this 
purpose he shall be entitled to the custody and use of the 
said deed, or indenture, or copy, as the circumstances of the 
case may require, and to bring the action in his own name, 
as assignee of the instrument ; and no indorsement shall be 
necessary by the overseers. lb. § 20. 

11. If any apprentice or servant, bound as aforesaid, shall 
unlawfully depart from the service of his master, any justice 
of the peace of the county where the master dwells, or 
where the apprentice or servant may be found, upon com- 
plaint on oath made to him by the master, or by one in his 
behalf, may issue his warrant to apprehend the apprentice or 
servant, and bring him before the said justice ; and if the 
complaint shall be supported, the justice may order the of- 
fender to be returned to his master, though he may reside in 
another county, or may commit him to the common jail, or 
house of correction, there to remain for a term not exceeding 
twenty days, unless sooner discharged by his master. lb. § 21. 

12. Every person enticing such apprentice or servant 
away from his master, or harboring him, knowing him to 
have eloped, shall be liable to the master's action for all 
damages sustained thereby. lb. § 22. 

13. The district court, either in the county where the 
overseers binding, or their successors, or the master of any 
apprentice, or servant bound, live, may upon complaint of 
such master, for gross misbehavior, discharge such appren- 
tice or servant from his apprenticeship or service, after due 
notice to such apprentice or servant, or the overseers of the 
poor of the town where he is settled. lb. § 23. 



208 MAINE TOWNSMAN. 

14. The form of such complaint may be as follows : 

To the honorable the justices of the district court for the 
district for the county of , holden at , in said 



county, on the Tuesday of , A. D. , com- 
plains of that , who was legally bound out 

to him as an apprentice, [or servant.] by the overseers of 
the poor of the town of , has grossly misbehaved him- 
self to him, the said , to wit: in this, that the said 

has [here insert the instances of misconduct,] wherefore, he, 

the said , prays, that your honors would discharge him 

from apprenticeship [or service] agreeably to the statute in 
such cases made and provided. 

Dated at , the day of , 18 — . A. B. 

15. The overseers are not personally liable on the inden- 
tures of an apprentice. If the apprentice disobeys, or steals, 
or becomes sick, the master must pursue his remedy by com- 
plaint ; but neither party can put an end to the indenture, 
without the consent of the other, except in such manner. 
2 Pick. R. 457. 

16. The power of taking children from their parents and 
families and homes, and binding them to strangers as ser- 
vants, is a high and arbitrary, if not a dangerous power, and 
one which should only be exercised in cases of clear neces- 
sity. In such a case it seems proper to notify the parent and 
give him an opportunity to be heard. 19 Pick. R. 390. 

17. No indenture of apprenticeship or service shall bind 
the minor, after the death of his master or mistress. R. S. 
c. 32, § 55. 

18. Where a child is bound as an apprentice by the over- 
seers of the poor, to do any work in which his master may 
see fit to employ him, it is understood to mean any lawful 
work, and the indenture is valid. 7 Maine, 457. 

19. In indentures, the omission of the provision, in regard 
to male children, that they shall be "instructed to read, write 
and cypher," is fatal to their validity. And to substitute a 
covenant by the master to see that the minor is properly 
educated and instructed, is not sufficient. 17 Maine, 385. 



KINDRED TO SUPPORT POOR RELATIVES. 



209 



CHAPTER LXVIII. 



DUTY OF KINDRED TO SUPPORT POOR RELATIVES 



1. Kindred liable to support poor rela- 

tions. 

2. Adjudication by district court. 

3. Assessment on kindred. 

4. Comfort of the paupers. 

5. Complaint, service, summons. 



6. Complaint may be amended. 

7. Costs of respondent. 

8. Husband bound to support his wife, 

9. Illegitimate children. Parent not 

bound. 
10. What is sufficient ability. 



1. The kindred of any poor person, if any he have, in 
the degree of father, grandfather, mother, grandmother, 
children or grand children, by consanguinity, living within 
this State, of sufficient ability, shall be holden to support 
such pauper, in proportion to such ability, respectively. R. 
S. c. 32, § 6. 

2. The district court in the county where any one of such 
kindred to be charged shall reside, upon complaint made by 
any town, or by any kindred, who shall have been at any 
expense for the relief and support of any such pauper, may, 
on due hearing, either upon the appearance or default of the 
kindred so summoned, apportion and assess such sum as 
they shall judge reasonable therefor, upon such of said kin- 
dred as they shall judge to be of sufficient ability, and in pro- 
portion thereto, to the time of such assessment, with costs, to 
be apportioned among the respondents, at their discretion ; 
and may enforce payment thereof by warrant of distress ; 
provided, that such assessment shall not extend to any ex- 
pense for any relief afforded more than six months previous- 
ly to the filing of such complaint. lb. § 7. 

3. The said court may further assess and apportion upon 
the said kindred, such weekly sum for the future as they 
shall judge sufficient for the support of such pauper, to be 
paid every three months till the further order of court. 
Upon application from time to time of the town or kindred 
to whom the same shall have # been ordered to be paid, the 
clerk of said court shall issue, and may renew, a warrant of 



210 MAINE TOWNSMAN. 

distress for the arrears of any preceding quarter, returnable 
to the next following term of said court. lb. § 8. 

4. The said court may further order with whom of such 
kindred that may desire it, such pauper may live and be re- 
lieved, and for such time, with any or either, as they shall 
judge proper ; having regard to the comfort of the pauper, 
as well as the convenience of the kindred. lb. § 9. 

5. The complaint, as in section two, shall be filed in the 
office of the clerk of the district court, who shall issue a 
summons thereon, requiring the kindred therein named to 
appear and answer thereto. lb. § 10. 

6. On the suggestion of either party, the complaint may 
be amended by inserting the names of other kindred, who 
may be summoned. lb. § 11. 

7. If such complaint be not entered, or be discontinued, 
or withdrawn, or adjudged groundless, the respondents shall 
recover costs. Said court may take further order, from 
time to time in the premises, upon the application of any 
party interested, lb. § 12. 

8. A husband is always liable to support his wife, if he is 
of ability to support her ; and the town furnishing relief to 
her may immediately call upon him, without resorting to the 
town where his settlement is. 14 Mass. R. 327. 

9. A parent is not bound to support the illegitimate offspring 
of his children, but always his own children. The obliga* 
tion to support a wife and children exists at common law, 
7 N. H. U. 771. 

10. " Sufficient ability ," to support poor relatives, presents 
a question of much difficulty. It is not the intent of the 
law for instance that a child should become poorer every 
year, in his effort to support his parents ; or that he should 
incur sacrifices and dangers which would hazard the main^ 
tenance of his family. 



REMOVAL OF PAUPERS, 



211 



CHAPTER LXIX. 



REMOVAL OF PAUPERS. 



1. Removal of paupers, expense when 

recoverable. 
^. Mode of proceeding in removal. 

3. Removal by complaint to a justice. 

4. Form of complaint. 

5. Form of summons. 

6. Costs. 

7. Record of adjudication. 

8. Form of record of removal. 

9. Warrant of removal, how executed. 

10. Form of warrant of removal. 

11. Overseers to receive the person re- 

moved. 

12. Appeal from a justice. 

13. Complaint may be filed in the dis- 

trict court. 

14. Depositions may be used. 

15. Final decision. 



16. Before making complaint, notice to 

be given. 

17. Form of notice. 

18. Notice, how signed. 

19. Form of denial of settlement. 

20. AnsWer to be returned in two 

months. 

21. Xotice by mail. 

22. Return of the person removed, pen- 

alty. 

23. Paupers out of the State, may be 

removed, 

24. Form of complaint. 

25. Warrant, a ministerial act. 

26. Paupers in unincorporated place?. 

27. Expenses of above, how recovered. 

28. Pauper's declarations. 

29. Removal of father. 

30. Legal residence — what is not. 



Note. By an act passed Aug. 8, 1846, so much of sections 35, 36, 
37, 38, 39, 40 and 41, of the R. S. as relate to the removal of persons 
likely to become chargable to the places of their lawful settlement, 
are repealed. 

1. The expenses of removal of paupers may be recovered 
of the town liable, provided the action shall be commenced 
within two years after such removal. R. S. c. 32, § 19. 

2. All persons actually chargable, may be removed to 
the places of their lawful settlements, if they have any with- 
in this State. lb. § 35. Act Aug. 8, 1846. 

3. In order to effect such removal, and also to recover the 
expenses incurred for the relief of such persons, if the over- 
seers of the poor of the town where such persons are found 
choose that mode in preference to a civil action, said over* 
seers may apply, by complaint, to any justice of the peace 
in their county, not an inhabitant of their town ; and the said 
justice is authorized to issue his summons, to be served upon 
the inhabitants of the town where said person's settlement is 
alleged to be, and also upon the party whose removal is 



212 MAINE TOWNSMAN. 

contemplated, and upon such witnesses as he may see fit. 
The said justice may examine said party to be removed, 
under oath, and may compel his attendance for that purpose 
by warrant. He shall hear objections to such removal, and 
may continue the process once, or more times, not exceeding 
three months in all ; and after due examination and hearing, 
whether the town summoned appears or not, shall proceed to 
give judgment for or against the complaint, and make a 
record thereof, lb. § 35. 

4. The form of complaint may be as follows : 

To , Esquire, a justice of the peace in and for the 

county of , complain, A., B., C, overseers of the poor 

of the town of , in said county, that , now resident 

in said town, is poor and become chargable to said town ; 

and that his lawful settlement is in the town of , and 

county of ; wherefore your complainants pray that, 

after a due course of proceedings had, the lawful settlement 

of said , may be adjudged to be in said town of , 

and that he may be removed thither by warrant accordingly. 
Your complainants further pray judgment for damages, for 

the expense incurred on account of said , and for such 

expenses as may accrue until the time of judgment, and for 
costs. 

Dated at said , the day of , A. D. 185 — . 

) Overseers of the poor 
| of the town of . 

5. The form of a summons is as follows : 

State of Maine. 

[Seal.] , ss. To the sheriff of the county of , 

Greeting : 

In the name of the State of Maine, you are hereby required 

to summon the town of , in said county of , and 

also E. F., the party named in the above complaint, whose 
removal is contemplated, to appear, if they see fit, before 
me, the subscriber, a justice of the peace in and for said 

county of , at of the clock, in the noon, to 

show cause, if any they have, why the prayer of the above 
complaint should not be granted, by leaving an attested copy 



REMOVAL OF PAUPERS. gJ3 

thereof, and of this summons, with the overseers of said 

town of , or some one of them, thirty days before said 

day of . Summon also, W. A., S. N., to appear 

at the same time and place, to give evidence of what they 
know relative to said complaint ; and make return hereof 

and of your doings herein, unto me, the said , justice, 

on or before the said day of . Hereof fail not. 

Given under my hand and seal, the day of , A. 

D. 185-. E. F., Justice of the Peace. 

6. In such cases, costs shall be awarded in favor of the 
prevailing ,party, except that in case of default, the town 
summoned shall not be entitled to costs. R. S. c. 32, § 36. 

7. The record shall state the determination of the justice 
as to the town where the party intended to be removed has 
his legal settlement ; and as to his removal, and whether 
for being actually chargable ; and the damages for expenses 
incurred by said town making complaint ; and the estimated 
expenses of removal, if such removal shall be ordered, in 
addition to the costs, above mentioned. lb. § 36. 

8. The form of the record of removal is as follows : 

State of Maine. 

, ss. At a court held before me, ~, Esq., a jus- 
tice of the peace in and for the county of , at , in 

said county, on the day of , 185-, A., D., F., over- 
seers of the poor of the town of , in the county of -, 

complainants against the town of in the county of 

showing that , now resident in said town of , is poor, 

and become chargable to that town, and that said town of 

is the place of his lawful settlement, and praying that it may 
be so adjudged, and that he may be removed thither, [and for 
damages incurred on account of said pauper, or that may be 
incurred, and for costs,] the parties appear, [or the complain- 
ants appear, but the said town of , though solemnly 

called, doth not appear, but makes default, as the case may 
be,] and after due examination and hearing, and on due con- 
sideration of the premises had, I do adjudge the same to be 
true, and I also adjudge, that the lawful settlement of said 

, is in the town of , and that he be removed thither, 

and that the complainants recover costs, [or that the com- 
19 



214 MAINE TOWNSMAN. 

plainants recover the sum of damages for expenses in- 
curred to this time, for the support of said — — , as the case 
may require,] [or if in favor of the town complained of, 

say] I adjudge that the said is not chargeable to said 

town of , or that the lawful settlement of said — — is 

not in said town of , and that the said town of re- 
cover the sum of dollars, costs. 

Recorded by me, 

A. B., Justice of the Peace. 

9. Upon judgment of removal, said justice, within three 
months, and not afterward, may issue his warrant of removal, 
directed to the sheriff of the county, or his deputy, the con- 
stable of the town where such person is to be removed, or to 
any individual by name, or all or any of them, to be served ; 
also requiring the overseers of the town to which such per- 
son is to be sent, to receive and provide for him as an inhab- 
itant of that town ; a copy of which warrant shall be served 
upon one or more of said overseers. Said person may be 
transported either by land or water. lb. § 37. 

10. The form of warrant of removal is as follows : 

[Seal.] State of Maine. 

ss. To the sheriff of said county of , or his 

deputy, or any constable of the town of , in the county 

of , or to , Greeting. 

Whereas, at a court held at , before me Esquire, 

a justice of the peace in and for the county of , on the 

day of , it was adjudged by me, the said justice, that 

, now resident in said town of , is chargable there- 
to ; and that his lawful settlement is in the town of , in 

the county of , and that he be removed thither. I do, 

therefore, in the name of the State of Maine, authorize and 
require you forthwith to take, remove and convey, by land 

or water, as soon as may be most convenient, the said , 

to the town of , and him deliver to the overseers of the 

poor thereof, or some one of them, who are hereby required 
to receive and provide for him as an inhabitant of that town. 
And of this warrant, and of your doings herein, you are to 
make return to me, as soon as may be, after you shall have 

executed the same. Given under my hand and seal, the 

day f — — 5 18 — . A. B., Justice of the Peace. 



REMOVAL OF PAUPERS. 215 

11. Such overseers shall be obliged to receive and provide 
for such person accordingly. Said justice may also award 
execution for damages, costs and estimated expenses of re-, 
moval ; and the execution may be directed to, and served by 
any officer in the county where the town is against which it 
issues, qualified to serve executions in civil actions. lb. c. 
32, § 38. 

12. Either party, including the person ordered to be 
removed, aggrieved by the judgment aforesaid, may appeal 
to the next district court for the same county, which court 
shall have appellative jurisdiction of the case, and hear and 
decide the same without a jury, unless either party require 
one ; provided, that the person to be removed may be 
required to enter into recognizance to prosecute his appeal 
with effect, and other purposes, as in civil actions. If the 
appeal be not entered, said court may, on complaint of the 
party prevailing before said justice of the peace, affirm said 
judgment with additional damages, if any have intervened, 
and costs. lb. § 39. 

13. Said overseers may at their election file their com- 
plaint, originally, in the district court, held in the county 
where they reside, setting forth the facts in the case, and 
cause the adverse party to be summoned as aforesaid, and 
also the person to be removed. lb. § 40. And such court 
shall hear and decide the cause without a jury, unless either 
party require one. lb. § 40. Either party may sue out a 
writ of error in the supreme court, within one year after 
judgment. lb. § 40. 

14. In all cases of complaint for removal, depositions may 
be used, and the process shall not abate, so far as it respects 
the damages and costs, by the decease of the person whose 
removal was applied for, pending the suit. lb. § 41. 

15. A final decision on the question of settlement on any 
such complaint, shall estop the party against whom the deci- 
sion is made to contest the settlement of such person in any 
future suit between the same towns. lb. § 41. 

16. The said overseers may, previous to any such appli- 
cation to any justice of the peace, or the district court, send 
a written notification, stating the facts relating to any person 
actually become chargable to their town, to one or more of 
the overseers of the place where his settlement is supposed 
to be, and requesting them to remove him ; which they may 



216 MAINE TOWNSMAN. 

do by a written order, directed to any person therein desig- 
nated, who is hereby authorized to execute the same. lb. 
§ 42. 

17. The form of notice may be as follows : 

To the overseers of the poor of the town of . 

Gentlemen, 

You are hereby notified that has fallen into distress, 

and stands in need of immediate relief, in the town of B., 
which has been furnished by said town of B., on the ac- 
count and proper charge of the town of , where he 

has his legal settlement. You are requested to remove said 

pauper to the town of , accordingly, and to defray 

the expense of his support in the town of B., amounting 
to S . 

Dated at said B., the day of , 18 — . 

^ Overseers of the poor 
) of the town of B. 

18. The notice may be signed by one of the overseers. 
purporting to be by order of the whole : or it may be signed 
by a majority. 8 Mass. R. 104. 

The true name of the pauper should be given in the notice, 
and if the paupers be a parent and a child, the names, both 
of the parent and child should be given. 5 Pick. R. 190. 

19. The form of denial of settlement in answer to a 
notice, as in section seventeen, may be as follows : 

To the overseers of the poor of the town of . 

Gentlemen, 

Your letter of the instant, stating that has fall- 
en into distress, and been furnished relief by your town, at 

the charge of the town of , was duly received. Upon 

inquiry, we are satisfied that this town is not the place of the 

lawful settlement of the said . We cannot, therefore, 

cause his removal, nor contribute towards his support. 

Dated . 

Yours with respect, 

C T) ' I Overseers of the poor 
E F ' t of the toion of . 

20. If such removal is not effected by said overseers with- 



REMOVAL OF PAUPERS. 217 

in two months after receiving such notice, they shall within 
two months send a written answer, stating their objections to 
the removal of the pauper, signed by one or more of them, to 
one or more of the overseers requesting such removal ; and 
if they shall fail so to do, the overseers who requested the 
removal of the pauper, may cause him to be removed to the 
place of his supposed settlement, by a written order direct- 
ed to any person they may designate, who is hereby author- 
ized to execute the same ; and the overseers of the town to 
which the pauper is so sent, shall be obliged to receive and 
provide for him ; and their town shall be liable for the ex- 
penses of his support and removal, to be recovered by an 
action by the town incurring the same, and shall be barred 
from contesting the question of settlement with the plaintiff 
in such action. lb. § 43. 

21. If the written notice or answer thereto shall be sent 
by mail, and shall arrive at the post office in the town where 
the overseers to whom the same may be directed reside, it 
shall be deemed equivalent to an actual delivery of such 
notice or answer. lb. § 44. 

22. Any person, lawfully removed to the place of his law- 
ful settlement, who shall voluntarily return to the town from 
which he was removed without the consent of the overseers 
thereof, shall be deemed a vagabond, and upon conviction 
thereof before any justice, may be sent to the house of cor- 
rection, lb. § 45. 

23. Upon the complaint of the overseers of the poor of 
any town, any justice of the peace may, by warrant directed 
to and to be executed by any constable, or any other person 
therein designated, cause any such pauper to be sent and 
conveyed at the expense of the town, by land or by water, 
to any other State, or to any other place beyond sea, 
where he belongs, if the justice think proper, and he can be 
conveniently removed ; but if he cannot be so removed, he 
may be sent to and relieved and employed in the house of 
correction or work house, at the expense of the town. lb. 
§47. 

24. The form of complaint as in section 23, may be as 
follows : 

To , Esq., one of the justices of the peace in and for 

the county of , complain, A., B., C, overseers of the 



2\S MAINE TOWNSMAK. 

poor of the town of , that , a poor person, now 

residing in said town, and standing in immediate need of 
relief, but who has no lawful settlement in this State, but 

belongs to the town of , in the State of , has been 

relieved by them, the said overseers, and that he, the said 

, still stands in need of relief, and will be further 

chargable to said town; wherefore they pray, that your 
honor may issue a warrant to cause said pauper to be sent 

and conveyed to said town of , where he belongs, or 

otherwise dealt with according to law. 

Dated at , this day of 185 — . 

) Overseers of the poor 
) of the town of . 

25. The warrant for the removal of a pauper who has no 
legal settlement in this State, is a ministerial act, and may be 
issued by a justice of the peace, who is an inhabitant of the 
town where the pauper is found. 8 Greenl. R. 71. 

26. Any person without the limits of an incorporated 
town, may extend or procure all necessary relief and medi- 
cal aid to any one falling sick, or being wounded or danger- 
ously injured, beyond the limits of any town ; and such per- 
son, extending relief or procuring aid as aforesaid, or bury- 
ing such person in case of death, may recover the amount 
by him expended against the town where such sick or wound- 
ed person had his legal settlement. Provided, the person 
extending such relief shall within sixty days from the day 
such relief was extended or medical aid procured, deliver 
into a post office a notice in writing, by him signed, directed 
to the overseers of the poor of such town, notifying them of 
the name of the person relieved, and the nature of the sick- 
ness or injury, if known, and the amount then expended for 
such relief. Act of 1850. 

27. Towns paying expenses or costs under the provisions 
of this act, may recover the amount paid and interest there- 
on, of the person relieved as aforesaid, or his kindred or 
other persons liable by law for his support. lb. 

28. At the trial of an action between two towns, wherein 
the place of settlement of a pauper is the subject of controver- 
sy, the declarations of the pauper respecting his intention, 
in going from one place to another, made days before he 
left, and unaccompanied by any acts, are not admissible in 
evidence. 27 Maine, 351. 



BASTARD CHILDREN AND THEIR MAINTENANCE. 219 

29. If a father, having a legal settlement in a town, re- 
moves therefrom, leaving there a legitimate minor son, who 
remains there till he is of full age, such son will not thereby 
acquire a settlement in that town during the time, in his own 
right. lb. 

30. In an action for the support of a pauper, wherein it 
becomes necessary to show that he was resident in a defend- 
ant town, upon the day of its incorporation, the plaintiffs do 
not make out a prima facie case, by merely proving that he 
was residing there a few months after that day. 30 Maine, 
452. 



CHAPTER LXX. 



OF BASTARD CHILDREN AND THEIR MAINTENANCE. 



L Accusation by a woman pregnant. 

2. Form of accusation and examination. 

3. Warrant. 

4. Person arrested to give bond. 

5. Form oi the bond. 

6. Refusal to give bond. 

7. Form of mittimus for not finding 

sureties. 

8. Sureties may surrender the accused. 



9. If the respondent be found guilty. 

10. Complainant not to settle, when. 

11. If the mother marry before prosecu- 

tion. 

12. Settlement no discharge to the town, 

13. When the mother shall be a witness. 

14. Time of begetting child. 

15. Recognizance void. 

16. Settlement, when void. 



1. When any woman, being pregnant with a child, which 
if born alive may be a bastard, or who has been delivered of 
a bastard child, shall accuse any man of being the father 
thereof, before any justice of the peace, and request a prose- 
cution against the person accused, such justice shall take her 
accusation and examination on oath respecting the person ac- 
cused, and the time and place when and where the child was 
begotten, and all such other circumstances as he may deem 
useful in the discovery of the truth. R. S. c. 131, § 1. 

2. The form of accusation and examination is as follows : 



Whereas, 



of 



in the countv of 



single 



woman, being pregnant with child, has accused, on oath, 

before me, , one of the justices of the peace in and for 

the county of , A. B., of said , of being the father 

of such child, and that he did beget her with child on or 



£20 MAINE TOWNSMAN. 

about the day of , A. D. 18 — , (here insert the 

circumstances.) She therefore prays that he, the said A. 
B., may be apprehended, and held to answer this accusation, 
and further dealt with thereon according to law. 

Signed. 

Taken, signed and sworn to, on the day of , 

A. D., 18 — , before me. 

Justice of the Peace. 

3. Such justice may thereupon issue his warrant, directed 
to the sheriff, accompanied by such accusation and examina- 
tion, as follows to wit : 

[Seal.] ss. To the sheriff of said county of - 



Whereas, , of , in said county, single woman, 

hath by her examination on oath before me, one of the jus- 
tices of the peace in and for this county, declared herself to 
be with child, and that said child is likely to be born a bas- 
tard, and that , of , is father of said child, and hath 

prayed process against him ; therefore, in the name of the 
State of Maine, you are hereby commanded immediately to 

apprehend said , if in your precinct, and to bring him 

before me, or some other justice of the peace, to find sure- 
ties for his personal appearance at the next district court, for 

the district to be holden at , on, , in and for 

said countv of , and to abide such order or orders as 

shall be made in the premises, according to law. 

Given at , on the day of , A. D. 18 — . 

W. E., Justice of the Peace. 

4. When the person is brought before the justice, he may 
require him to give bond, with sureties, in a reasonable sum to 
the complainant, for his appearance at the next district court, 
in the county in which she resides, and for abiding the order 
of court thereon, and if he fail, said justice may commit him 
to jail until he gives bond. lb. § 3, 4. 

5. The form of a bond may be as follows : 

Know all men by these presents, that we, , of , 

in the county of , as principal, and , as sureties, 

are holden, and stand firmly bound, unto , of , in 

said county, single woman, in the sum of—— dollars, to the 



BASTARD CHILDREN AND THEIR MAINTENANCE. £21 

payment of which, we bind ourselves, our executors and ad- 
ministrators. 

Dated this day of , A. D. 185-. 

The condition of this obligation is such, that, whereas on 

the day of , A. D. 185-, the said hath, upon 

her examination upon oath, before , Esq., one of the 

justices of the peace in and for the county of , accused 

said of being the father of a bastard child, of which 

the said has been ordered by said justice, to give sure- 
ties, for his appearance at the district court, for the 

district, next to be holden at , within and for said county, 

on the Tuesday of , in the noon, then and 

there to answer to said accusation ; now if the said 

shall appear at said court, and answer to the said accusation, 
and abide the order of court thereon, then this obligation to 
be void, otherwise to be in full force. 

[Seal.] 

, [Seal/ 

[Seal/ 

Signed, sealed and delivered ) 
in presence of J 

6. If the accused person refuse to give such bond, said 
justice shall commit him to the jail. lb. § 4, 

7. The form of the mittimus for not finding sureties may 
be as follows : 

State of Maine. 

[Seal.] 

York, ss. To the sheriff of said county or his deputy, or 

any constable of the town of , in said county, and to 

the keeper of the common jail in , Greeting : 

Whereas, , single woman, in her examination, in 

writing, on oath, the day of , A. D. 18 — , before 

me, , one of the justices of the peace in and for the 

county of , hath declared herself to be with child, and 

that the said child, if born alive, will be a bastard, and likely 

to become chargable to the town of , and hath charged 

, of , with having begotten her with child, ot said 

bastard child ; (or if it be after the birth, say : Whereas, 

, single woman, in her examination, in writing, on oath, 

before me, -, one of the justices of the peace, in and for 



222 MAINE TOWNSMAN. 

said county, hath declared, that on the day of , A. 

D. 18 — , at , in the town of , she was delivered of 

a bastard child ; and, whereas, said was brought before 

me, by warrant, and refuses to give sureties for his appear- 
ance at the next district court to be held at , in and for 

said county, to answer to said charge, and to abide the order 
of court thereon ;) these are to command you to take and 
convey said , to the common jail at , in said coun- 
ty, and to deliver him to the keeper thereof, together with 
this warrant. And you, the said keeper, are commanded to 

receive said into your custody in said jail, and him there 

safely to keep, until he shall give such security, or be dis- 
charged by due course of law. 

Given under mv hand and seal this day of , A. 

D. 18—. 

Justice of the Peace. 

8. The sureties of the accused may surrender him in court, 
at any time before the final judgment, and thereupon they 
shall be discharged. lb. § 6. 

9. If the respondent shall be found guilty, he shall be ad- 
judged the father of such child, and stand charged with the 
maintenance thereof, with the assistance of the mother, as 
the court shall order, and shall give a bond to the complain- 
ant to perform the said order, and to the town that might be 
chargable for the maintenance of such child, to he depos- 
ited with the clerk of the court, for the use of such town, 
lb. § 9. 

10. The complainant shall not be allowed to make any 
settlement with the father, or give him any discharge, if it 
be objected to by the overseers of the poor of the town, in- 
terested in the support of such mother, or child. lb. § 11. 

11. If the mother marry before a prosecution, the husband 
shall join in the complaint. 16 Maine R. 38. 

12. A settlement between the father and mother of the 
child, will not discharge the father from his liability to the 
town to maintain the child. 

13. In order to entitle the woman to be a witness, she must 
declare before her delivery that the person charged is father 
of the child, and continue constant in the accusation before 
witnesses. 6. Greenl. R. 460. 

14. Where a complainant, in a bastardy process, alleged 



ON INSANE PERSONS. 



223 



that the child, of which she was then pregnant, was begotten 
on or about a certain day in April, without saying in what 
year, it was held to refer to the April next preceding. 
8 Maine, 163. 

15. A recognizance taken by a magistrate, in a bastardy 
process, instead of a bond, is inoperative and void. 2 Maine, 
165. 

16. A settlement of a bastardy process by the mother, or 
by the town, without the consent of the other, is no discharge 
of the respondent ; therefore a note given upon such settle- 
ment is without consideration, and payment cannot be en- 
forced. 18 Maine, 150. 



CHAPTER LXXI. 



ON INSANE PERSONS. 



L " Insane person," meaning of. 
2 Duty of Parents and Guardians. 

3. Duty of city and town officers. 

4. Right of appeal. 

5. Duty of Justices in certain cases. 

6. Commitments and certificates. 

7. Guardians, when appointed. 

8. Insane criminals. 



9. Same subject. 

10. Records to be kept, when. 

11. Duty of cities and towns. 

12. Of insane persons recovered. 

13. Repeal of certain acts. 

14. Application to two justices, when, 

15. Authority of judges. 

16. Patients unwarrantably detained, 



1. The word " insane person," shall be construed to in- 
clude every idiot, non compos, lunatic, or distracted person. 
R. S. c. 1,*§ 3. 

2. It shall be the duty of parents to send their insane 
children, and guardians their insane wards, being minors, to 
the insane hospital of Maine, or some other State, within 
thirty days of the attack of insanity, if they are able to pay 
for supporting them there. Act of 1847, c. 33, § 7. 

3. All insane persons not sent to the hospital by parents or 
guardians as provided in the preceding section, must be the 
subjects of legal examination. The mayor and aldermen of 
cities, and selectmen of towns, shall constitute a board of ex- 
aminers, whose duty shall be, upon complaint in writing of 
any relative of such insane person or persons, or of any jus- 



2g4 MAINE TOWNSMAN. 

tice of the peace or quorum in the town where such insane 
person or persons reside, to inquire into the condition of every 
insane person in their cities and towns and adjacent planta- 
tions, so soon as the existence of such case shall come to 
their knowledge. They are authorized to call before them 
such testimony as shall be necessary to a full understanding 
of the case, and if it shall appear to them that the person is 
insane, and they shall be of opinion that the comfort and 
safety of the patient or others interested will be promoted by 
a residence in the insane hospital, it shall be their duty to 
send such person to that institution, accompanied with a cer- 
tificate stating the fact of insanity, and also the city or town 
in which the patient resided, was commorant or found at the 
time of arrest and examination, ordering the superintendent 
to receive and detain him or her in his care until he or she 
shall become of sound mind, or be otherwise discharged by 
order of law, or by the superintendent or trustees. lb. § 8. 
4. In all cases decided as above, the right of appeal shall 
be granted to any corporation or individual who may deem 
themselves, or the patient, injured thereby, whether the de- 
cision shall have been for or against the fact of insanity, or 
committal. The persons claiming an appeal shall make 
application in writing to the mayor and aldermen or the 
selectmen, within five days after the decision having been 
made known, stating their wishes, and naming a justice of 
the peace and of the quorum on their part, residing in the 
same city or town or one adjoining, to sit and hear the appeal, 
specifying the time and place for the hearing, which shall be 
in the same city or town in which the insane person resides, 
or one adjoining, and the time within three days of that of 
making the request ; the appellant shall notify and procure 
the attendance of said justice, if in his power, if not, another 
may be substituted in his room. The mayor and aldermen 
or selectmen shall select another justice of the peace and of 
the quorum to sit with the former, and they two shall have 
power to call before them such testimony as they may deem 
proper, and shall hear and determine all matters brought be- 
fore them touching the premises, and if they shall find the per- 
son insane they shall say so ; and if they are of opinion that he 
or she will be more comfortable or safe to him or herself or 
others, they shall give an order under their hands for the 
conveyance to, and detention of him or her in the insane 



ON INSANE PERSONS. 225 

hospital, until he or she become of sound mind, or be other- 
wise legally discharged. They shall certify in said order 
that said person is insane, and also the city or town in which 
said insane person was residing, commorant, or found at the 
time of arrest or examination. lb. § 9. — Act of 1848 c. 
79, § 1. 

5. If the mayor and aldermen of any city, or selectmen 
of any town* refuse or neglect to examine and decide on any 
case of insanity, complaint may be made by any relative of 
said insane person, or by any other respectable person, to 
two justices of the peace, one of whom shall be of the quo- 
rum, and said justices shall, as soon as may be, sit in some 
place within said city or town, or one adjoining, and hear 
and decide on the case ; and they are authorized to call 
before them such testimony as they shall, deem proper, and 
shall inquire into and determine both as to the insanity, as 
well as to all other matters touching the case — and if they find 
the person insane they shall so decide, and pursue the course 
provided in the preceding section. Act of 1847, c. 33, § 10 e 

6. All commitments made to the insane hospital by judges 
of courts, by the mayor and aldermen of cities, or selectmen 
of towns, or by justices of the peace and quorum, must be 
accompanied by a certificate, stating the place in which the 
insane person resided, or was found at the time of the arrest 
and examination, whether ordered to the insane hospital on 
the first or any subsequent process ; and such certificate 
shall be deemed sufficient evidence to render such city or 
town liable for the expense of committing to, and supporting 
in the insane hospital, such insane person, in the first in- 
stance. In all cases in which the friends or others shall file 
the necessary bond with the treasurer of the hospital, no city 
or town shall be made liable for the support of such insane 
person, unless a new action shall be had in the case, in con- 
sequence of the patient, or his friends, being longer unable 
to support him, which action may be had in the same man- 
ner, and before the same tribunal, as if the patient had never 
been admitted to the hospital. No provision of law shall 
prevent any city or town, which has been made chargeable, 
and shall have paid for committing and supporting any insane 
person in the hospital, from recovering the same of the 
patient, if able, or of his friends liable for his support ; nor 
from recovering the same from any city or town, in the 

20 



226 MAINE TOWNSMAN. 

same manner as if incurred for the ordinary expense of any 
pauper ; and, if the insane person has no legat settlement in 
this state, the expenses of committing and supporting said 
insane person shall be refunded to the city or town by the 
state. And no person shall, on account of any support ren- 
dered to him, as an insane person, suffer any of the consti- 
tutional or legal disabilities incident to pauperism. lb. § 11. 

7. When any adult male or unmarried female, being in- 
sane, shall be sent to the insane hospital, under any of the 
provisions of this act, having property or effects, the judges 
of probate in their respective counties, are authorized and 
required, on receiving the certificate of the mayor and alder- 
men of the city, or selectmen of the town, where such insane 
person has his residence, that it will be for the interest of 
said insane person to have a guardian and trustee appointed, 
to hold in trust the property of such insane person, and to 
prevent waste thereof, to appoint some suitable person to that 
office, who must give the usual bond. It is not necessary to 
serve notice on an insane person to appear at probate courts,, 
as is provided by law in other cases, when application for 
guardianship is to be considered, nor for city and town offi- 
cers to do so when the insane person is in the hospital. It is 
provided also, that such guardian and trustee shall not be 
required to return an inventory to the judge of probate of 
the effects of said ward, nor exercise any other of the powers 
and duties of guardian for the term of one year from the 
date of his appointment, except so far as may be necessary 
for the support of the insane, or his family, and to prevent 
loss of his property. lb. § 13. 

8. No insane person shall be committed to, or remain in 
any jail or house of correction, for a longer time than may 
be necessary to make provision for him in the hospital. lb. 

, 9. When any person shall be charged with a criminal 
offence in this State, any judge of the court before which he 
is to be tried, on notice that a plea of insanity will be made 
or when such plea is made in court, may, if he deems proper, 
order such person into the custody of the superintendent of 
the insane hospital, to be by him detained, and observed, un- 
til the further order of the court, in order that the truth or 
falsehood of the plea may be ascertained. lb. § 15. 

10. The mayor and aldermen of cities, selectmen of 



ON INSANE PERSONS. 227 

towns, and justices of the peace, sitting and deciding any of 
the cases provided for above, must keep a record of their 
doings, and furnish a copy to any person interested, who 
may call and pay for the same. And the justices deciding 
an appeal, shall be entitled to receive for their services two 
dollars a day, and ten cents a mile for travel, and shall de- 
termine which party shall pay the same. And in all cases 
where justices have original jurisdiction, they shall charge 
the same fees as they would by law be entitled to charge on 
a criminal examination, to be paid by the city, town or per- 
sons liable in the first instance to pay for committing to and 
support in the hospital. lb. § 17. 

11. Whenever the justices order a commitment to the 
insane hospital, it is the duty of the mayor and aldermen of 
the city, or selectmen of the town, in which the insane per- 
son resides, or such other person as the justices shall direct, 
to cause the order to be complied with forthwith, at the ex- 
pense of the city or town. The justices shall decide the 
amount of expense of commitment, and certify the same, 
after the service has been performed, lb. § 18. 

12. When any city or town shall be chargeable for the 
support of any insane person at the hospital, it shall be the 
duty of the overseers of the poor thereof, on notice by mail 
from the superintendent that the patient has recovered of his 
insanity, to remove the same to said city or town ; and if 
they shall neglect to do so for the term of fifteen days, it 
shall be the duty of the superintendent to cause such remov- 
al at their expense. lb. § 19. 

13. The act of 1847 on insane persons, above referred to, 
repeals all that part of chapter one hundred and seventy- 
eight of the revised statutes relating to insane persons ; the 
thirty-sixth chapter, passed eighteenth of March, one thou- 
sand eight hundred and forty-two ; the nineteenth chapter, 
passed March twenty-second, one thousand eight hundred 
and forty-three ; chapter eighty-fifth, passed February fif- 
teenth, one thousand eight hundred and forty-four ; chapter 
two hundred and twenty-fifth, passed August tenth, one thou- 
sand eight hundred and forty-six ; chapter two hundred and 
seventh, passed August eighth, one thousand eight hundred 
and forty-six ; and modifies chapter one hundred and seventy 
three of the revised statues, so as to comport with the above 
provisions, lb. § 20. 



228 MAINE TOWNSMAN. 

14. If the mayor and aldermen of any city, or the select- 
men of any town, shall refuse or neglect to inquire and 
decide within three days after notice, as provided in the 
third section, or if the justices to whom any appeal shall be 
made, shall not decide upon such appeal within three days 
from the time appointed for the hearing thereon, then com- 
plaint may be made to two justices and proceedings there- 
on shall be had as provided in the fifth section. Act of 
1848, c. 79, § 2. 

15. The authority given to the judge of any court to order 
any person charged with a criminal offence, and alleged to 
be insane, into the custody of the superintendent of the 
insane hospital, may be exercised in case of any such per- 
son, who is committed to jail by any justice of the peace or 
judge of a municipal or police court, on such a charge, as 
well as in case of any such person, who is committed to 
answer to an indictment found ; and such authority may be 
exercised in vacation or in term time at the discretion of the 
court. lb. § 3. 

16. When any insane person shall have been in the insane 
hospital six months, any friend or person liable for his sup- 
port, or any city or town supporting such patient, may, if 
they think the patient unwarrantably detained, apply to the 
selectmen of the town, or mayor and aldermen of the city, 
or the assessors of the plantation in which the patient resides, 
whose duty it shall be to inquire into the case, and summon 
before them such testimony as they may deem proper ; and 
their decision and order shall be binding on the parties. 
They shall tax legal costs, and determine who shall pay 
them : provided, however, no person committed by order of 
the district court or supreme judicial court shall be so re- 
moved. Act of 1849, c, 136. 



HOUSES OF CORRECTION 



229 



CHAPTER LXXII. 



HOUSES OF CORRECTION. 



1. Towns may erect houses of correc- 

tion. 

2. Persons liable to the house of cor- 

rection. 

3. Overseers of the house of correction. 



4. Work house may be house of cor- 

rection. 

5. Overseers may commit. 

6. Form of order of commitment. 

7. Officer to obey such order. 



1. Any town may build and maintain, at its own expense, 
a house of correction, or may appropriate in part, or in 
whole, any work house, belonging to such town, or in which 
it has an interest, for such purpose. B,. S. c. 178, § 24. 

2. All rogues, vagabonds, and idle persons begging, or 
using any subtle craft, juggling, or unlawful games or plays, 
or for the sake of gain or emolument, feigning themselves to 
have knowledge in physiognomy, palmistry, or pretending 
to tell fortunes ; common pipers, fiddlers, runaways, common 
drunkards, common night walkers, pilferers, persons wanton, 
or lascivious in speech or behavior, common railers or braw- 
lers, such as neglect their callings or employments, misspend 
what they earn, and do not provide for themselves and fami- 
lies, may be sent to such town house of correction, by any 
justice of the peace resident in such town, for a term not ex- 
ceeding thirty days. lb: §§ 9, 24. 

3. The selectmen of any town, having such house of cor- 
rection, shall annually appoint three, five, or seven discreet 
persons to be overseers of such house of correction. lb. 
§ 25. 

4. When any work house shall be appropriated for a house 
of correction, the master of such work house shall also be 
master of such house of correction. lb. § 26. 

5. The overseers of any such town house of correction 
may commit thereto, for a term not exceeding forty-eight 
hours, any person publicly appearing in a state of intoxica- 
tion, or in any manner violating the public peace, whenever 
the safety of the person intoxicated, or the good order of the 



230 



MAINE TOWNSMAN. 



community require it, till such person can be carried before 
a magistrate. lb. § 30. 

6. The form of the order for commitment, may be as fol- 
lows : 

To A. B., master of the house of correction in the town of 
— — ; you are hereby required to receive and keep C. D. in 

the said house of correction, for the term of hours, un* 

less sooner discharged by our order. 

) Overseers of the poor 

I *— • 

7. The officer to whom such order shall be given by said 
overseers, shall forthwith apprehend and convey such person 
to the house of correction, and deliver him to the master 
thereof. lb. § 31. 



CHAPTER LXXIII, 



WORK HOUSES. 



1. Towns may erect work houses. 

2. Town may choose overseers. 

3. Idlers may be committed. 



4. Persons committed to be employed. 

5. Contiguous towns may unite. 



1. Any town may erect or provide a work house for the 
employment and support of persons of the following descrip- 
tion, that is to say : all poor and indigent persons that are 
maintained by, or receive alms from the town ; all persons 
who, being able of body, and not having estate or means 
otherwise to maintain themselves, refuse or neglect to work ; 
all persons who lead a dissolute and vagrant life, and exer- 
cise no ordinary calling, or lawful business, sufficient to gain 
an honest livelihood ; and all such persons as spend their 
time and property in public houses, to the neglect of their 
proper business, or by otherwise misspending what they earn, 
to the impoverishment of themselves and their families, are 
likely to become paupers, R. S. c, 28, § 1. 



WORK HOUSES. 231 

2. Every town having a work house may, at its annual 
meeting, choose three, five, seven, or more overseers of such 
work house, who shall have the inspection and government 
thereof. lb. § 2. 

3. When any person, not having a legal settlement in any 
town in this State, shall become idle or indigent, he may be 
committed to the work house provided for the use of said 
town. lb. § 15. 

4. Every person duly committed to any work house, if 
able to work, shall be kept diligently employed. lb. § 21. 

5. Any two or more contiguous towns that shall so agree, 
may, at their joint charge, and for their common benefit, 
erect or provide a work house. lb. § 4. 



TITLE VII. 



THE HEALTH, SAFETY AND GOOD ORDER OP 
TOWNS. 

Chapter 74. Contagious sickness. 

Chapter 75. Health Committee. 

Chpater 76. Quarantine regulations. 

Chapter 77. Hospitals. 

Chapter 78. Engines. Enginemen. 

Chapter 79. Eire wards. Fires. 

Chapter 80. Watch and Ward. Disorder in streets. 

Chapter 81. Innholders. 

Chapter 82. Lord's day. 

Chapter 83. Gunpowder. 

Chapter 84. Shows and exhibitions. 

Chapter 85. Gaming. 

# Chapter 86. Dogs, Moose, Deer, &c. 

Chapter 87. Disinterment of dead bodies. 

Chapter 88. Unwholesome provisions. 

Chapter 89. Intoxicating liquors. 



CHAPTER LXXIV. 



OF CONTAGIOUS SICKNESS. 



i. Precautions against infected persons. 

2. Persons arriving from infected places. 

3. Persons required to give notice; 

their duty. 

4. Infected articles may be secured. 

5. Infected prisoners may be removed. 



6. Vessels with infected persons, re- 

quired to anchor. 

7. Precautions to prevent infection. 

8. Householders and physicians to giv# 

notice, 

9. Form of complaint against persons 

arriving from infected places. 



1. When any person shall be infected, or has been recent- 
ly infected, with any sickness, dangerous to the public health. 



OF CONTAGIOUS SICKNESS. 333 

the selectmen of the town where such person may be, shall 
make provisions for the safety of the inhabitants, by remov- 
ing such person to a separate house, and by providing neces- 
saries and assistance, at the charge of the person himself, 
his parent or master, if able, otherwise of the town. It. S. 
c. 21, § 1. 

2. When any infectious or malignant distemper is known 
to exist in any place out of the State, the selectmen may, by 
giving public notice, require all persons coming from such 
place out of the State, to inform one of the selectmen, or 
the town clerk, of their arrival, and from what place ; and 
any person having actual notice of such requirement, who 
shall not, within two hours after his arrival and actual notice 
as aforesaid, give such information, shall forfeit one hundred 
dollars, to the use of the town. lb. § 2. 

3. Any person, required to give notice as aforesaid, may 
be prohibited by the selectmen from going to any part of 
such town, where they may judge it would be unsafe to the 
inhabitants for him to go. If refractory, such person may 
be removed. lb. § 3. 

4. Whenever, on the application of the selectmen of any 
town, it shall be made to appear to any justice of the peace, 
that there is just cause to suspect that any baggage, clothing, 
or goods of any kind, found within such town, are infected 
with any malignant, contagious distemper, such justice shall 
issue a warrant, directed to the sheriff or his deputy, or to 
any constable, requiring him to impress men to secure such 
infected articles, and to place such men as a guard over the 
place where such articles shall be lodged, to prevent any 
persons removing or coming near such articles ; and take up 
suitable houses or stores for the safe keeping of such infect* 
ed articles. lb. § 7. 

5. Whenever any persons confined in any common jail, 
house of correction, or work house, shall be attacked with 
any disease, which the selectmen shall consider dangerous 
to the safety and health of other prisoners, or the inhabitants 
of the town, said selectmen shall, by their order in writing, 
direct the removal of such person to some place of safety, 
lb. § 13. 

6. Whenever any vessel shall arrive at any port, having 
on board any person infected with any malignant djsease, the 
commander or pilot thereof shall bring such vessel to anchor 



234 MAINE TOWNSMAN. 

at some convenient place, below the town, as shall be safe 
for the inhabitants thereof ; and no person belonging to, nor 
any thing on board such vessel, shall be brought on shore, 
until the selectmen shall give their written permit for the 
same, under a penalty of two hundred dollars to the com- 
mander, and fifty dollars to the pilot for each offence. lb. 
§ 18. 

7. Whenever any disease, dangerous to the public health, 
is found to exist in any town, the selectmen shall use all pos- 
sible care to prevent the spreading of the infection, and shall 
give notice of infected places to travelers, by displaying red 
flags at proper distances, and other means. lb. § 33. 

8. Whenever any householder, or any physician, shall 
know that any person under his care is taken sick of any 
disease, dangerous to the public health, he shall immediately 
give notice thereof to the selectmen of the town ; and if he 
neglect, he shall forfeit a sum not less than ten dollars, nor 
more than thirty dollars, to the use of the town. lb. § 35. 

9. The form of a complaint, as in section two, may be as 
follows : 

B. B., one of the selectmen of the town of , on oath 

complains, that on the day of , 185-, at said , 

the selectmen of said town of , knowing that a certain 

infectious and malignant distemper called , existed in a 

certain place called , being out of this State, gave pub- 
lic notice by posting handbills in — public places, in said 

town of , requiring all persons coming from said infect- 
ed place above mentioned, to inform one of the selectmen, 
or the town clerk, of their arrival, and from what place ; and 
that afterwards , to wit, on , C. D., being a person re- 
quired as above to give notice to, and inform one of the 
selectmen, or said clerk, of his arrival as above, was pro- 
hibited by said selectmen of said town of , from going 

to any part of said town, except the store of one D. H., 
where said then was, or otherwise forthwith, unless dis- 
abled by sickness, to depart from the State, by the road 

leading by the store of aforesaid, southwardly ; and the 

said then and there, although not disabled by sickness, 

neglected and refused to comply with and obey said order of 

said selectmen, and the said , on , and at divers 

other days and times, has visited and gone to parts of said 



HEALTH COMMITTEE. HEALTH OFFICER. 



235 



town other than the store of said 



of one 



and to the house of one 



to wit, 



to the house 
both in said 



town and not on the road aforesaid, against the peace of said 
State, and contrary to the statute in such case made and pro- 
vided : Wherefore, &c. 



CHAPTER LXXV. 



HEALTH COMMITTEE. HEALTH OFFICER. 



1. Towns may choose a health com- 

mittee. 

2. Towns may choose a health officer. 

3. Their powers. 



4. May remove drains. 

5. May remove nuisances. 

6. Expenses of removal. 



1. Any town, at its annual meeting, may choose a health 
committee, to consist of not less than three nor more than 
nine persons. R. S. c. 21, § 15. 

2. Or said town may choose one health officer. lb. § 15. 

3. Such health committee, or health officer shall, at the 
expense of the town, remove all filth of any kind whatever, 
which may be found within the limits of their town, and which 
may endanger the lives or the health of the inhabitants. lb. 

§ 15 - 

4. Said committee or officer may remove or discontinue 
any drain or other source of filth, the removal of which they 
may deem necessary. lb. § 15. 

5. Whenever any source of filth, or other cause of sick- 
ness, shall be found on private property, the owner or occu- 
pant shall, within twenty-four hours after notice from said 
committee or officer, proceed at his own expense to remove 
or discontinue the same, and if he neglect or delay, after 
such notice so to do, he shall forfeit a sum not exceeding one 
hundred dollars. lb. § 16. 

6. Said health committee or officer shall cause said nui- 
sance to be removed or discontinued ; the expense thereof 
to be repaid to the town by such owner or occupant, or by 
such other person as may have caused or permitted the same, 
lb. § 16. 



236 



MAINE TOWNSMAN, 



CHAPTER LXXVI. 



aUARANTINE REGULATIONS. 



t. Selectmen to establish quarantine* 

2. Breach of quarantine, penalty. 

3. Pilots to give notice. 

4. Neglect of pilots, penalty. 

5. Violation of quarantine, penalty. 

6. Selectmen to furnish signals. 



7. Vessels at quarantine, persons not 

to visit. 

8. Duty of health committee. 

9. Quarantine expenses, how paid. 

10. Masters of vessels examined. 

11. Complaint for not making oath. 



L Whenever the selectmen of any seaport town shall be 
of the opinion that the safety of the inhabitants thereof 
requires that any vessel, which shall arrive there from any 
place, should perform quarantine, they may cause such 
vessel so to do, at such place, and under such regulations, 
as they may judge expedient. R. S. c. 21, § 20. 

2. Any owner, master, supercargo, officer, seaman, pas* 
senger, consignee, or other person, who shall neglect or 
refuse to obey the orders and regulations of the said select- 
men respecting said quarantine, shall forfeit a sum not ex- 
ceeding five hundred dollars, or be imprisoned for a term not 
exceeding six months, or both, at the discretion of the court* 
lb. § 21. 

3. Whenever the selectmen shall order all vessels which 
shall arrive to perform quarantine, they shall give notice 
thereof to the pilots of their own port, who shall make known 
the same to the masters of all vessels which they shall board, 
lb. § 22. 

4. Every such pilot who shall neglect to make known said 
order, or who shall pilot any vessel up to said seaport town 
contrary thereto, shall forfeit a sum not exceeding one hun- 
dred dollars. lb. § 23. 

5. When any master or commander of any vessel shall 
come up to any seaport town aforesaid, with his said vessel, 
after notice given to him by any person whatever that a 
quarantine has been directed by the said selectmen for all 
vessels coming from the place from whi6h such vessel sailed, 



QUARANTINE REGULATIONS. 237 

or shall fraudulently attempt to elude the directions of said 
selectmen, or shall land or suffer to be landed, from his ves- 
sel, any person" or goods, he shall incur the like penalty, or 
suffer the like imprisonment, or both, as is provided in section 
two. lb. § 23. 

6. The selectmen of eveiy seaport town, requiring vessels 
to perform quarantine, shall provide, at the expense of such 
town, a suitable number of red flags, at least three yards in 
length ; and the master of every vessel, ordered to perform 
quarantine, shall cause one of said flags to be continually 
kept, during the term of said quarantine, at the head of the 
mainmast of his vessel ; and no person shall go on board 
such vessel during said term, unless by permission of said 
selectmen. lb. § 24. 

7. Any person who shall go on board such vessel, contrary 
to the provisions of the preceding section, shall be held liable 
to the same restriction as those belonging to said vessel, and 
no person shall go on board such vessel during such term 
unless by permission of said selectmen. lb. § 25. 

8. In every town where a health committee or health officer 
has been chosen, such officer may perform all the duties and 
exercise all the authority which the selectmen of such town 
may perform or exercise, in requiring vessels to perform 
quarantine. lb. § 26. 

9. All expenses incurred under any quarantine regulations, 
shall be paid by such person, or the owner of such goods, 
respectively. lb. § 27. 

10. If any master, seaman, or passenger, belonging to 
any vessel, on board of which any infection may then be, or 
may have lately been, or suspected to have been, or which 
may come from any port where any infectious distemper 
prevails, that may endanger the public health, shall refuse to 
make answer on oath, to such questions as may be asked 
him of the town, which oath the selectmen may administer, 
such master, seaman, or passenger, so refusing, shall forfeit 
a sum not exceeding two hundred dollars, or be imprisoned 
for a term not exceeding six months, by indictment. lb. 
§ 17. 

11. The form of complaint as in section ten, may be as 
follows : 

A. B., of- , complains that C. D., on at 

21 



238 



MAINE TOWNSMAN. 



being then and there a master of a vessel called the brig 
William, on board of which infection has lately been, that 
may endanger the public health, did refuse to make, on oath, 
answer to certain questions relative to said infection and dis- 
temper, asked him by the selectmen of the town of B. in 
said county, being a town to which said vessel had come, 
against the peace of the State, and contrary to the statute in 
such case made and provided. Wherefore he prays, &c. 



CHAPTER LXXVII. 



HOSPITALS. 



1. Hospitals may be established. 

2. Location of hospitals. 

3. Inoculation with small pox. 



4. Hospital provided, 

5. Hospital regulations. 

6. Inoculation with the cow pox. 



1. The inhabitants of any town may establish, within the 
same town, one or more hospitals for the reception of per- 
sons having the small pox, or other disease, which may be 
dangerous to the public health ; or the selectmen of any 
town may license any building in said town as a hospital, at 
their discretion ; and such hospital or licensed building shall 
be under the control of the selectmen. R, S. c. 21, § 28. 

2. No such hospital shall be established, or licensed, with- 
in one hundred rods of any inhabited dwelling-house, situa- 
ted in an adjoining town, without the consent of the select- 
men of such adjoining town. lb. § 29. 

3. If any person shall inoculate himself, or any other per- 
son, or suffer himself to be inoculated with the small pox, 
unless at some hospital, licensed or authorized by law, he 
shall, for each offence, forfeit a sum not exceedin gone hun- 
dred dollars. lb. § 30. 

4. Whenever the small pox, or any other disease, danger- 
ous to the public health, shall break out in any town, the 
selectmen thereof shall immediately provide such hospital or 
place of reception, for the sick and infected, as they shall 
judge best for the accommodation and safety of the inhabi- 
tants ; and such hospital shall be subject to the regulations of 



ENGINE MEN. 



239 



the selectmen ; and they shall cause all sick and infected 
persons to be removed to such places of reception. lb. 
§32. 

5. Every town may, at any town meeting duly warned for 
the purpose, choose a board of health, to consist of not less 
than three nor more than nine persons ; w r ho shall have all 
the powers, discharge all the duties, and be subject to all the 
penalties and restrictions, as are provided by law in relation 
to the selectmen, health committee or health officer of any 
town, not electing to choose a board of health as aforesaid, 
lb. § 37. 

6. Every town and organized plantation may, at any legal 
meeting, provide for the inoculation of the inhabitants with 
the cow pox, under the control and direction of the health 
committee, health officer, or board of health, and may raise 
all necessary sums to defray the expenses thereof. lb. § 38 



CHAPTER LXXVIII. 



ENGINE MEN. 



i. Selectmen may appoint Engine men. 

2. Engine men exempt from military 

duty. 

3. Form of certificate. 

4. Meetings of engine men. 

5. Engine companies. 

6. Duties of Engine companies. 

7. Negligent engine men discharged. 

8. Duties of engine men at fires. 



9. Engine men excused from serving as 
jurors. 

10. Clerk of engine company. 

11. Engine men not to vote in the mili- 

tia. 

12. Discharge of Engine men. 

13. Members of certain companies not 

to be engine men, when. 



1. Whenever any town, corporation, or individuals, shall 
possess and keep for public use any fire engine, the select- 
men of the town, in which the same is kept, are empowered 
to appoint any number of suitable persons they may deem 
necessary, not exceeding sixty to each engine having a suc- 
tion hose, and not exceeding thirty- five, if without a suction 
hose, to be engine men. R. S. c. 33, § 1. 

2. The engine men, so appointed, shall be exempted from 
all military duty, except that of being detached to execute 
the laws, to suppress rebellion, or repel invasion ; provided 



240 MAINE TOWNSMAN. 

that every person, claiming such exemption, shall first pro- 
duce to the commanding officer of the company to which he 
belongs, on or before the first Tuesday of April, annually, 
the certificate of the selectmen, that he has been appointed 
an engine man, and that he faithfully performs his duties as 
such. lb. § 2. 

3. The form of such certificate may be as follows : 

To the commanding officer of the company of mili- 
tia in the town of . 

This certifies, that has been duly appointed an en- 
gine man to engine No. in said town, and that he faith- 
fully performs his duties as such. \ 



Selectmen of . 

Dated at , this day of 185-. 

4. Such engine men shall continue in office during the 
pleasure of the selectmen ; and they are hereby authorized 
to meet annually, in the months of April, May, August, Oc- 
tober and November, and at the May meeting to elect a mas- 
ter, or directors, clerk, assistant clerk, and such other officers 
of the company as shall be deemed necessary to give effi- 
ciency to their operations. lb. § 3. 

5. Said engine men may establish such rules and regula- 
tions respecting their duty, as shall be approved by the 
selectmen and not repugnant to the laws of the State, and 
annex penalties, to be recovered by their clerk ; but no pen- 
alty for any one offence shall exceed six dollars. lb. § 5. 

6. The companies of engine men, appointed as aforesaid, 
shall be bound to meet once every month, and oftener if 
necessary, for the purpose of examining the state of the en- 
gines, and the appendages of the same ; and it shall be their 
duty, by night or by day, under the direction of the firewards 
of the town, to use their best endeavors to extinguish any fire 
in the same, or the immediate vicinity thereof, that shall come 
to their knowledge, without delay. lb. § 6. 

7. When an engine man shali be remiss or negligent in 
the discharge of his duties, in the opinion of the selectmen, 
it shall be their duty, on proof thereof, to discharge him from 
said company, and appoint some other person in his stead, 
lb. § 7, 



ENGINE MEN. 



241 



8. The selectmen of any town may, in their discretion, 
select from the engine men any number for each engine in 
said town, whose duty it shall be, under the direction of the 
firewards, to attend fires therein with axes, fire hooks, fire 
sails, and ladders, and perform such other duty as the select- 
men may prescribe. lb. § 8. 

9. All persons attached to any engine shall be excused 
from serving as jurors in any court, unless the towns to w T hich 
they belong shall otherwise prescribe. lb. § 22. 

10. The clerk of each engine company shall return to the 
commanding officers of military companies, a list of all the 
members of said engine companies, and such list, so re- 
turned, shall avail each member, in the same manner as 
though he had personally returned his certificate of member- 
bership. lb. c. 61, § 2. 

11. No engine man shall vote in the choice of company 
officers in the militia, so long as he claims exemption from 
other military duty. lb. § 2. 

12. No person liable to perform military duty, who may 
be discharged from any engine company for being negli- 
gent or remiss in his duties as an engine man, shall be again 
appointed an engine man, and be thereby exempted from 
military duty, until one year from the time he may be so dis- 
charged, lb. § 2. 

13. No member of any company of artillery, cavalry, 
light infantry or riflemen, shall be appointed an engine man 
during the time for which he may have enlisted into said 
company, w r hen, by such appointment, any such company 
shall be reduced below forty-eight effective privates. lb. § 2, 



242 



MAINE TOWNSMAN. 



CHAPTER LXXIX. 



FIREWARDS AND FIRES. 



11. Buildings in maritime towns. 

12. Penalties. 

13. Stove pipes to be kept in order. 

14. Form of notice. 

15. Bonfires prohibited. 

16. Form of complaint for making a 

bonfire. 

17. Fireworks prohibited. 

18. Lighted pipes and cigars prohibited, 

19. Penalty. 

20. Prosecutions, where commenced. 



1 Election of firewards. 

2. Duty of firewards. 

3 If firewards are not present. 

4, Powers of other officers. 

5 Power of firewards at fires. 

6 Refusal to obey firewards. 

7 If buildings are demolished. 
£. Compensation to owners of build- 
ings, right of appeal. 

9. No compensation, where the fire be- 
gun. 
10. Plundering at fires. 

1. Each town may, at the annual meeting, elect as many 
firewards as may be deemed necessary ; and each person, 
so chosen, shall be notified in three days, and he shall enter 
his acceptance or his refusal of the office with the town clerk 
within three days after such notice, on penalty of ten dollars, 
unless excused by the town ; and if excused, the town shall 
elect another in his room. R. S. c. 33, § 9. 

2. When any fire shall break out in any town, the fire- 
wards shall immediately attend at the place, with their bad- 
ges of office ; and when there, any three of them shall have 
power to direct any building to be pulled down or demolish- 
ed, as they may judge necessary, to prevent the spreading of 
the fire. lb. § 10. 

3. If such firewards be not present, a major part of the 
selectmen present shall have the same power. lb. § 11. 

4. If no selectmen be present, two or three civil officers, 
or in their absence, military officers shall have the same 
power as firewards. lb. § 12. 

5. During the continuance of any fire, said firewards or 
other officers shall have power to require assistance in extin- 
guishing the fire, and removing merchandize and furniture, 
and appoint guards to secure the same ; and aid in pulling 
down or demolishing buildings, and suppressing disorder and 
tumult ; and generally to direct all operations to prevent 
further destruction or damage, lb. § 12. 



FIREWARDS AND FIRES. 243 

6. Any person refusing to assist, or to obey orders given 
by such firewards or officers on the premises, shall forfeit 
and pay the sum of ten dollars. lb. § 14. 

7. If the pulling down or demolishing one house or build- 
ing shall be the means of stopping the fire, or if the fire be 
stopped before it shall come to the same, then every owner 
of such house or building shall receive a reasonable com- 
pensation from the town in which the fire shall be ; and the 
qualified voters in such town shall grant such sum as may be 
necessary for the purpose of such compensation ; and the 
assessors shall assess the same. lb. § 15. 

8. Any person considering himself aggrieved by the doings 
of the town, selectmen, or assessors, in estimating, voting, 
or assessing the same, may apply to the county commission- 
ers at their next meeting ; and they shall have power, after 
due notice given to the selectmen of such town, to confirm 
the doings aforesaid, or to alter the same, as they shall judge 
proper, and award the costs to either party, as the decision 
may be ; and the sum so assessed, according to such de- 
cision, shall be forthwith committed and collected. lb. § 16. 

9. When it shall be adjudged, as aforesaid, proper that the 
house or building where the fire shall begin or break out 
shall be pulled down or demolished, to prevent the further, 
increase or spreading of the fire, then the owner of the build- 
ing shall receive no compensation for the same. lb. § 17. 

10. If at any fire any person shall plunder, embezzle, 
convey away, or steal any furniture, goods, or merchandise, 
belonging to the owner or occupant of any house, or build- 
ing, then on fire, or being in immediate danger, or placed 
there by any other person, while the owners of the same and 
others are lawfully removing the same, and shall not restore 
the same, and give notice to the owners, or one of the fire- 
wards, the person so offending, and being convicted thereof, 
shall be deemed guilty of larceny, and punished according- 
ly, lb. § 18. 

11. No person shall occupy any building or tenement in 
any maritime town, for the business of a sail maker, rigger, 
or keeper of a livery stable, except only in such part of the 
town or city as the selectmen, or mayor and aldermen shall 
allow and direct ; and any sail maker or rigger who shall 
offend against this section shall forfeit and pay for each 
offence ten dollars a month ; and any keeper of a livery 



244 MAINE TOWNSMAN. 

stable, who shall so offend, shall forfeit and pay for each 
offence fifty dollars every month for so occupying the same, 
lb. § 19, 20. 

12. Said penalties shall be appropriated, two thirds to the 
use of the town, and the other to him who shall sue for the 
same, with costs. lb. § 21. 

13. When any stove pipe in any town shall be defective, 
or out of repair, or so placed as to endanger any other build- 
ing by communicating fire thereto, the selectmen shall give 
notice in writing to the possessor of such stove, and if he 
shall unreasonably neglect for two days after such notice, to 
remove or repair the same effectually, he shall forfeit and 
pay a fine, not less than ten dollars, nor more than fifty dol- 
lars, to be recovered by an action of debt, one half to the 
town, the other half to him who shall sue therefor. lb. c. 
32, § 6. 

14. The form of such notice may be as follows : 

To , of the town of . 



You are hereby notified, that the stove pipe in the house 
[or store] occupied by you is deemed by us, selectmen of 
said town, to be defective, [or out of repair, or is so placed 
as to endanger the building occupied by , next contigu- 
ous to the building in which it is placed,] and you are re- 
quested to remove or repair the same effectually without 
delay, under the penalty in such case made and provided. 

Dated at , the day of . 

> Selectmen of . 



15. If any person shall set fire to any pile of combustible 
stuff, or be in any wise concerned in causing or making a 
bonfire in any part of said town, such fire being within ten 
rods of any house or building, he shall for each offence, for- 
feit the sum of eight dollars, one half to the use of the town, 
the other to the person who sues, or be imprisoned not ex- 
ceeding one month. lb. c. 31, § 35. 

16. The form of complaint for making a bonfire may be 
as follows : 

A. B., of , on oath complains that C. D., of , on 



FIREVVARDS AND FIRES. 245 

, with force and arms at , aforesaid, did set fire to 

a pile of -, being combustible stuff, [or was concerned 

in causing and making a bonfire] in a certain place called 

, in said town, the said bonfire being within ten rods of 

the dwelling house of , against the peace of said State, 

and contrary to the form of the statute in such case made 
and provided. Wherefore, &c. 

17. If any person shall sell, offer for sale, or give away 
any fireworks, called crackers, squibs, rockets, or other fire- 
works, or shall set fire to, or throw the same in any town or 
city, without license of the selectmen, or mayor and alder* 
men, he shall be fined not exceeding ten dollars, to be re- 
covered on complaint before a justice of the peace to the 
use of said town or city. lb. c. 163, § 3. 

18. No person shall enter any mill, factory, machine- 
shop, ship-yard, covered bridges, stable or other building, 
having with him a lighted pipe or cigar, or shall light or 
smoke any pipe or cigar therein, under a penalty of five 
dollars for each offence : provided, the owner thereof shall 
cause a notice, in plain and legible characters, to be kept up 
in a conspicuous place, over or near every principal en- 
trance into his premises, that no smoking is allowed in the 
same. Act of 1848, c. 39, § 1. 

19. If any person shall deface, remove or destroy any 
such notice, without permission of the tenant or owner, he is 
liable to a fine of ten dollars. lb. § 2. 

20. Prosecutions for an offence against the provisions of the 
two preceding sections, must be commenced by complaint 
before any justice of the peace or municipal court in tha 
county where the same is committed, lb. § 3, 



246 



MAINE TOWNSMAN. 



CHAPTER LXXX. 



WATCH AND WARD. 



1. Persons liable to watch and ward. 10. Riding with a scythe, penalty. 

2. Power of selectmen and justices to 11. Pageantry in streets, penalty. 

order watch. 12. Bonfires. 

3. Number of watch to be designated. 13. Fines. 

4. Form of a warrant. 14. Masters and parents liable. 

5. Duty of constable. 15. City Police. 

6. Duty of watchmen. 16. Powers of cities. 

7. Constable's badge. 17. Regulation of vehicles. 

8. Captain of the watch. 18. Penalties. 

9. Penalties for neglect. 

1. Every male person of the age of twenty-one years or 
upwards, being able of body, or having estate sufficient to 
hire a substitute, and not being a minister of the gospel, shall, 
when duly warned, be liable to watch and ward in his town, 
either in person or by a sufficient substitute ; unless such 
person reside more than two miles from the place where 
the watch and ward is kept. R. S. c. 31, § 1. 

2. The justices of the peace, with the selectmen of any 
town, may direct and order suitable watches to be kept night- 
ly in such town, from such hour in the evening as they shall 
appoint, until sun-rising in the morning ; also wards to be 
kept in the day and evening ; and they may designate the 
time, place and number of persons to be employed in such 
watch or ward ; and give orders accordingly, signed by a 
majority of them, and directed to any constable of the town, 
to warn such watch or ward, and see that all persons so 
warned do attend, and perform their duty as required ; and 
in the warning thereof, to take care that some able house- 
holders, or other sufficient persons, be joined in each w T atch 
or ward. lb. § 2. 

3. The number of persons to be employed should be desig- 
nated, as the constable can exercise no discretion therein. 
15 Maine R. 155. 

4. The form of the warrant, as in section two, may be as 
follows : 

The undersigned, justices of the peace resident in the town 



WATCH AND WARD. 



247 



of t and selectmen of said town, by virtue of the author- 
ity vested in us by law, do direct and order that a suitable 
watch be kept nightly in said town, from and after the date 

hereof, until the day of next, said watch to be 

kept from o'clock in the evening, until sun rising in 

the morning, and to consist of persons each night, who 

shall walk the rounds in and about the streets, wharves, lanes 
and principal inhabited parts of said town, according to law, 
and perform all duties required of them by the statute in such 
case made and provided, We do therefore require of you, 
the said constable, to warn the persons whose names are an- 
nexed to this warrant, to attend and watch as above, at the 
times we have set against their names respectively, and to 
see that all persons so warned do attend and watch as above, 
at the times we have set against their names respectively ; 
and in the warning there of, to take care that some able 
householders or other sufficient persons be joined in the 
watch. 

Given under our hands, at said , this day of 

, A. D. 18—. 

> Justices of the peace of — — . 

> Selectmen of . 

5. Such persons shall charge the watch to see that all dis- 
turbances and disorders in the night be prevented and sup- 
pressed ; and for that purpose the watch shall have authority 
to examine all persons whom they shall see walking abroad 
in the night after ten o'clock, and whom they shall have 
reason to suspect of any unlawful intention as to their busi- 
ness abroad at such time, and whither they are going ; to 
enter all houses of ill-fame, for the purpose of suppressing 
any disturbance or riot therein ; and to arrest any person, 
there found, making or abetting others in such riot, or distur- 
bance ; and all suspicious persons, thus abroad, who shall 
not give a satisfactory account of themselves, and all persons 
so arrested in such houses of ill-fame, shall be secured by 
imprisonment, or otherwise, to be safely kept until morning ; 
and shall then be carried before one of the nearest justices of 
the peace, to be examined and proceeded against according 
to the nature of their offences. lb. § 3. 



248 MAINE TOWNSMAN. 

6. The watchmen shall walk the rounds in and about the 
streets, wharves, lanes and principal inhabited parts within 
each town, to prevent any danger by fire, and to see that 
good order is kept, and shall suitably observe the charge 
given them as aforesaid. lb. § 4. 

7. Each constable, when attending watch or ward, shall 
carry with him the usual badge of his office ; and the watch- 
men shall carry such suitable badge as the selectmen shall 
provide. lb. § 5. 

8. The town shall determine the number and qualifications 
of persons to be employed as watchmen, and the selectmen 
shall appoint the captain of the watch. lb. § 6. 

9. If any person, liable to watch and ward, shall neglect 
to appear and perform his duty, he shall forfeit not less than 
one dollar, nor more than ten dollars, to the use of the town ; 
and if any constable or officer of the watch neglect to ob- 
serve and execute all orders given him, he shall forfeit not 
less than ten dollars, to the use of the town. lb. § 9, 10. 

DISORDER IN THE STREETS. 

10. If any person shall ride with a naked scythe, sharp- 
ened and hung in a sneath on the highways, or in any lanes, 
streets or alleys, he shall forfeit for each offence, two dollars. 
lb. § 11. 

11. If any persons, to the number of three or more, be- 
tween sunsetting and sunrising, being assembled together in 
any streets or lanes in any town, shall have any kind of 
imagery or pageantry for a public show, whether armed or 
disguised, any person being of such company shall forfeit 
eight dollars, or be imprisoned not exceeding one month, 
lb. § 12. 

12. If any person shall set fire to any pile of combustible 
stuff, or be concerned in making or causing a bonfire, within 
ten rods of any house or building, he shall forfeit eight dol- 
lars, or be imprisoned one month. lb. § 13. 

13. The fines provided for shall be recovered with costs ; 
one half for the use of the town, the other half for the use of 
the person who sues for the same. lb. § 14. 

14. Masters shall be liable for the offences of their ser- 
vants or apprentices, if legally bound to them ; and parents 

or the offences of minor children. lb. § 15. 



WATCH AND WARD. 249 

15. All police officers in any city have all the powers 
which may be exercised by constables, in criminal matters, 
in serving warrants ; in the arrest of persons charged with, 
or suspected of an offence against the laws of the State, or 
the by-laws of such city, and all other matters of like de- 
scription, within the powers of a constable to perform. Act 
of 1850. 

16. Any city may establish all such police regulations as 
the municipal government may deem necessary and expe- 
dient for the prevention of crime, the protection of property, 
and the preservation of order, provided the same shall not be 
inconsistent with existing laws. lb. 

17. Any city may establish all such rules and orders as 
the municipal government may deem necessary and expe- 
dient, for the regulation of omnibusses, stages, hackney- 
coaches, wagons, carts, drays, hand-carts and all other vehir 
cles whatever, used and employed, wholly or in part, in said 
city, whether by establishing their rates of fare, prescribing 
their routes and places of standing, or in any other manner 
whatever, and whether such vehicles are used for business or 
pleasure, or the conveyance of passengers or freight, and 
whether by horse power or otherwise. lb. 

18. Such city may annex penalties for the breach of any 
of the ordinances, rules and orders provided for in the 
three preceding sections, not to exceed twenty dollars for 
any one offence, which penalties may be recovered, for the 
use of said city, by complaint before the municipal court of 
said city, or any justice of the peace where no such court is 
established. lb. 



22 



250 MAINE TOWNSMAN, 



CHAPTER LXXXI. 

INNHOLDERS AND VICTUALERS. 



1. Who may license. 

2. Innholders cannot sell liquors, 

3. Gambling on the premises. 



4. Penalties how recovered. 

5. Who shall prosecute. 



1. The selectmen, clerk and treasurer of any town, have 
power to license any person or persons to be innholders or 
common victualers. Act of 1844, c. 87. 

2. Innholders by virtue of a license, as such, have no right 
to sell liquors. And no person is allowed to sell wine, bran- 
dy, rum, or intoxicating liquors, except as is provided in Act 
of 1851. 

3. No innholder, common victualer, or retailer shall have 
or keep about his house, shop, or other buildings, yards, gar- 
dens or dependencies, any dice, cards, bowls, billiards, quoits, 
or other implements used in gaming ; nor shall suffer any 
person resorting thither to use or exercise any of said games 
or any other unlawful game or sport within his said premises, 
under a penalty of five dollars for each offence ; nor shall 
he suffer any reveling, riotous or disorderly conduct in and 
about his premises. R. S. c. 36, §§ 8, 9, 10. 

4. Any fine, forfeiture or penalty, not exceeding twenty 
dollars, may be recovered by action of debt, or by complaint, 
before any justice, or judge of any municipal or police court 
in the county ; or the action may be brought in the name of 
the town ; and in either case the whole penalty shall enure 
to the town. lb. § 19. 

5. It shall be the duty of the mayor and aldermen of 
cities, the selectmen of towns, and the assessors of planta- 
tions, and their treasurers and clerks, to prosecute for any 
violations of this chapter. lb. § 2L 



LORD'S DAY. 



251 



CHAPTER LXXXII. 



LORD'S DAY. 



1. Civil process not to be served on 

Lord's day. 

2. Rudeness in houses of public wor- 

ship, penalty. 

3. Disturbance of public worship, pen- 

alty. 

4. Form of complaint for disturbing 

public worship. 

5. Duty of certain officers to appre- 

hend offenders. 



6. Labor, games, and sport, forbidden. 

7. When the Lord's day begins and 

ends. 

8. Evening preceding and following 

Lord's day. 

9. Persons who observe the seventh 

day of the week. 

10. Duty of tythingmen. 

11. Traffic prohibited, when. 

12. Same subject. 



1. No person shall serve or execute a civil process from 
midnight preceding to midnight following the Lord's day ; 
but such service shall be void, and the person executing such 
process shall be liable in damages to the party aggrieved. 
R. S. c. 114, § 104. 

2. If any person shall, on the Lord's day, within the walls 
of any house of public worship, behave rudely or indecent- 
ly, he shall be punished by fine not exceeding ten dollars, or 
by imprisonment in the county jail not more than thirty days, 
lb, c. 160, § 25. 

3. If any person, on the Lord's day, or at any other time, 
shall willfully interrupt or disturb any assembly of people for 
religious worship, within the place of such assembly, or out 
of it, he shall be punished by imprisonment in the county 
jail, not more than thirty days, or by fine not exceeding ten 
dollars. lb. § 23. 

4. The form of complaint for interrupting and disturbing 
public worship, may be as follows : 

complains, on oath, that , on , with force 

and arms, at , did wilfully interrupt and disturb an 

assembly of the people met for religious worship, within the 

meeting house of parish, in said town of , by 

making divers indecent noises and tumults, during the per- 
formance of religious service in said meeting house ; to the 
great injury and insult of quiet and orderly people, then and 



252 MAINE TOWNSMAN. 

there assembled in the meeting house, and for the purposes 
aforesaid, against good morals and good manners, and against 
the peace, and contrary to the statute made and provided, 

5. It shall be the duty of every justice of the peace, sheriff, 
deputy sheriff, constable, grand juror, and tythingman, who 
may be present at any assembly of public worship which 
may be interrupted or disturbed, to apprehend or cause to be 
apprehended any person so offending, and him to detain in 
custody until the close of such assembly, or until he be taken 
before some justice of the peace. lb. § 25. 

6. If any person shall, on the Lord's day, keep open his 
shop, workshop, or warehouse, or travel, or do any work, 
labor or" business on that day, works of necessity or charity 
excepted, or raise any sport, game, or recreation, or be pres- 
ent at any dancing, public diversion, show or entertainment, 
encouraging the same, he shall be punished by a fine not ex- 
ceeding ten dollars. lb. § 26. 

7. For the purposes of the provisions of the two preceding 
sections, the Lord's day shall be construed to include the 
time between the midnight preceding, and the sunsetting of 
the same day. lb. § 28. 

8. If any person, on the evening preceding or following 
the Lord's day, shall be present at any dancing or other pub- 
lic diversion, except concerts of sacred music, or who shall 
then use any sport, game, or recreation, or if any inn-holder, 
retailer, or keeper of a public house, shall then suffer to 
abide or remain in his house, or places appurtenant, any per- 
sons drinking, or spending their time idly, or at play, such 
persons not being travelers, strangers, or lodgers in such 
house, he shall be punished by a fine not exceeding three 
dollars. lb. § 29. 

9. No person who conscientiously believes that the seventh 
day of the week ought to be observed as the Sabbath, and 
actually refrains from secular business and labor on that day* 
shall be liable to said penalties for performing secular busi- 
ness and labor on the Lord's day, or first day of the week, 
provided he disturbs no other person. lb. § 30. 

10. It shall be the duty of all tythingmen to take notice 
of, and to prosecute for all offences violating the Lord's day ; 
and the same may be prosecuted in the district court, or, 
when the fine or fines shall not exceed ten dollars, by com- 



G L' NPOWDE R. 253 

plaint before a justice of the peace ; provided the indictment 
be found, or complaint be made, within six months next after 
the commission of the offence. lb. § 31. 

11. If any person shall sell or expose to sale, within one mile 
from any assembly of people met for religious worship, dur- 
ing the time of such meeting, any refreshments or any kind 
of merchandise, or exhibit any shows or plays, or aid in any 
horse racing, gaming, or other sports, whereby such meetings 
shall be disturbed, he shall be punished by imprisonment in 
the county jail, not more than thirty days, or by fine not ex- 
ceeding ten dollars. Act of 1848. 

12. The above section is not to be so construed as to pro- 
hibit any person from the pursuit of his ordinary business, 
in his usual place of prosecuting the same* lb. 



CHAPTER LXXXIII. 

GUNPOWDER. 

1. Selectmen may make regulations i 3. Damage by explosion of gunpow- 

concerning gunpowder. der. 

2. Gunpowder may be seized, when. I 4. Selectmen may search for gunpow- 

I der. 

1. The selectmen, in every town, may make regulations 
to keep or transport from place to place all gunpowder with- 
in the town ; and no person shall keep, in such town, any 
gunpowder in any other manner or quantity, under a penalty 
of not less than twenty dollars, nor more than one hundred 
dollars, for each offence. R. S. c. 34, § 1, 2. 

2. All gunpowder kept in any town, contrary to said regu- 
lations, may be seized by the selectmen as forfeited, and 
within twenty days after seizure may be libeled. lb. § 3. 

3. Any person injured by the explosion of gunpowder 
kept in any town, may have an action for damages against 
the person in possession, or the owner of the same, if conu- 
sant of such neglect. lb. § 4. 

4. Any selectman shall have authority to enter any build- 
ing or other place in his town to search for gunpowder sup- 
posed to be concealed there contrary to law, having first ob- 
tained a search warrant for the purpose, lb. § 5. 



254 MAINE TOWNSMAN. 



CHAPTER LXXXIW 
SHOWS AND EXHIBITIONS. 

1. Images and pageantry, prohibited* I 3. Form of license. 

2. Licenses granted. | 4. Museums excepted. 

1. If any person shall, for money or other valuable articles, 
in any city, town, or plantation, exhibit any images or page- 
antry, slight-of-hand tricks, puppet-show, or circus, or any 
feats of balancing, wire-dancing, personal agility, sleight or 
dexterity, or theatrical performances, without a license there* 
for, he shall forfeit for eveiy offence a sum not less than ten 
dollars nor more than one hundred dollars. R. S. c 39, § L 
Act of 1847. 

2. The mayor of any city, the selectmen of any town, 
and the assessors of any plantation, may grant licenses, on 
receiving for the use thereof such sums as they may deem 
proper for every such exhibition ; twenty-four hours being 
allowed for the same. R. S. c. 39, § 2. Act of 1849. 

3. The form of such license may be as follows : 

We, the subscribers, selectmen of the town of — »-, here- 
by license -— — to exhibit a menagerie of animals within 

said town, on the day of , he having paid to us 

dollars therefor, to the use of said town. 



Given under our hands this day of , 18-—. 

Selectmen of — 



} 



4. Nothing in this chapter shall extend to museums perma- 
nently established in any place. R. S. c. 39, § 3. 



GAMING. 255 



CHAPTER LXXXV. 

GAMING. 

1. Gaminghouses. J 4. Search warrants. 

2. Gaming and betting. 5. Penalty for gaming or betting. 

3. Form ot complaint. | 6. Bowling. 

1. If any person or agent of any corporation shall keep 
any place resorted to for the purpose of gaming, or shall 
permit any person in any house or shop, or other place un- 
der his care or control, to play at cards, dice, billiards, or 
other game for money or other thing, such offender shall be 
punished by a fine not less than twenty dollars, nor more 
than one hundred dollars, to the use of the prosecutor. R. 
S. c. 160, § 37. 

2. If any person shall, for money or other thing, play at 
cards, dice, billiards or other game, or with any implements 
used in gaming, or shall bet on any person so playing, he 
shall be punished by a fine not less than one dollar, nor 
more than twenty dollars, to the use of the prosecutor, either 
by indictment, or complaint before a justice, in which latter 
case the fine shall not exceed ten dollars. lb. § 38. 

3. The form of a complaint for keeping a gaming house, 
may be as follows : 

A. B., on oath, complains, that , of , on the- 



day of , 18 — , now last past, and on divers other days 

and times between that day and the day of making this 
complaint, at , in the county of , did keep a cer- 
tain house resorted to for the purpose of gaming, and did 
permit certain persons, to the complainant unknown, in said 

house, being a house under his, the said control and 

care, to play at cards, dice, billiards and other games, and 
for money and other things, against the peace of said State, 
and contrary to the statute, &c. 

4. If any person shall make oath, before a justice of the 



256 MAINE TOWNSMAN. 

peace, that he has probable cause to suspect, and does sus- 
pect, that any building, naming the house and occupant in 
his complaint, is unlawfully used as a common gaming 
house, and that idle and dissolute persons resort there for 
gaming, such justice shall issue his warrant for the search of 
all the implements named, and if found there, for the appre- 
hension of the occupant or keeper of such house, to be car- 
ried before such justice and disposed of according to law. 
lb. § 39. 

5. Whoever shall be convicted, on indictment, of winning 
at one time or sitting, by gaming or betting, any money or 
goods of the value of three dollars or more, shall forfeit to 
the use of the town where the offence was committed, double 
the value of the money so won and received, provided such 
indictment be found in six months after the offence was com- 
mitted, lb. c. 35, §4. 

6. The mayor and aldermen of the several cities, select- 
men of towns, and the assessors of plantations, are author- 
ized to impose upon all bowling alleys within their corporate 
limits, such conditions and restrictions, not inconsistent with 
the constitution of this State, as in their opinion the public 
interest may require. Act of 1848. 



CHAPTER LXXXVI. 
DOGS, MOOSE AND DEER, WOLVES AND BEARS. 



1. Owners of dogs liable for damages. 

2. Assault by a dog. 

3. Mischievous dogs to be confined. 

4. Form of certificate of oath. 



5. Moose and deer. 

6. Bears. 

7. Wolves. 



1. When any dog shall do any damage to the person or 
property of another, the owner or keeper, and also the par- 
ent, guardian, master or mistress of any minor or servant 
who shall own or keep such dog, shall forfeit and pay to the 
injured person double the amount of the damage done ; to 
be recovered by action of trespass. R. S. c 40, § 1. 

2. Any person may lawfully kill any dog that shall sud- 



DOGS, MOOSE AND DEER, Sec. 557 

denly assault him or any other person, when peaceably 
walking or riding out of the inclosure of the owner, or any 
dog found out of the inclosure, or immediate care of the 
owner, worrying, wounding, or killing any cattle, sheep, 
lambs, or other domestic animals. lb. § 2. 

3. If any person shall be so assaulted, or if any dog shall 
be strolling out of the inclosure or immediate care of its 
owner or keeper, by day or night, and the person so finding 
such dog shall, within forty-eight hours after such assault or 
finding, make oath before a justice of the peace of the same 
county, that he really suspects such dog to be a dangerous or 
mischievous dog, and shall give notice to the owner or 
keeper, by giving him a copy of such oath, signed by said jus- 
tice, the owner or keeper shall kill such dog, or confine him 
forthwith ; and if he neglect so to do for twenty-four hours, 
he shall forfeit and pay five dollars to the prosecutor, recov- 
erable in an action of debt. lb. § 3. 

4. The form of certificate of oath may be as follows : 

18 — • I hereby certify that , of 



, made oath that, within twenty-four hours past, he was 

assaulted by a dog, belonging to , while peaceably walk- 
ing out of the inclosure of said , [or found a dog out of , 

the inclosure or immediate care of , its owner,] and that 

he really suspects such dog to be a dangerous and mischiev- 
ous dog. Before me, 

A. B., Justice of the Peace. 

5. Any person who shall kill any moose or deer, between 
the first of March and the first of July, shall forfeit and pay 
for each offence five dollars, half to the use of the county, 
and half to the use of the prosecutor, within six months after 
the offence was committed, and not afterwards. lb. c. 41. 
Act of 1848. 

6. Any person who shall deliver to the treasurer of any 
town or plantation the head of any bear, killed in this State, 
and shall make oath before any justice of the peace where 
the same was killed, within this State, and shall present such 
affidavit, with said head, to such treasurer, shall receive from 
him two dollars for the head of each bear, to be paid by the 
State treasurer on presentment of the account of such town 
treasurer on oath. R. S. c. 42. 



258 MAINE TOWNSMAN. 

7. For the destruction of wolves, there shall be paid the 
sum of eight dollars, to be paid in manner and form, and to 
be reimbursed by the state as provided in chapter forty-two 
of the Revised Statutes. Act of 1849. 



CHAPTER LXXXVII. 

DEAD BODIES. 
I. Disinterment of dead bodies. | 2. Officer serving writ, punishment. 

1. If any person, without the permission of the board of 
health, selectmen, or the overseers of the poor, of any town, 
or the mayor and aldermen of any city, or other legal au- 
thority, shall wilfully dig up, disinter, remove or carry away 
any human body, or the remains thereof, from its place of 
interment, or aid and assist in so doing, or shall wilfully 
and unnecessarily, and in an improper manner, indecently 
expose, throw away, or abandon any human body, or the re- 
mains thereof, in any public place, or in any river, stream, or 
other place, every such offender shall be punished by confine- 
ment in the State prison for a term not exceeding five years, 
or by a fine not exceeding $3000. R. S. c. 160, § 32. Act 
of 1846. 

2. If any officer shall take the body of any deceased per- 
son by any writ or execution, he shall be punished by a fine 
not exceeding five hundred dollars, or by imprisonment in 
the county jail not exceeding six months. R. S. c. 160, § 33. 



UNWHOLESOME PROVISIONS 259 



CHAPTER LXXXVIII. 

UNWHOLESOME PROVISIONS. 
1 Unwholesome provisions. | 2. Adulteration of food or liquors. 

1. If any person shall sell any diseased, corrupted or un- 
wholesome provisions, knowing the same to be such, with- 
out making it known to the buyer, he shall be punished by 
imprisonment in the State prison not more than five years, 
or by fine not exceeding one thousand dollars, and imprison- 
ment in the county jail not more than one year, or both. 
R. S. c. 163, § 1. 

2. If any person shall fraudulently adulterate, for the pur- 
pose of sale, any substance intended for food, or any wine, 
spirits or malt liquors, so as to render the same injurious to 
health, he shall be punished, as in section one. lb. § 2. 



260 



MAINE TOWNSMAN. 



CHAPTER LXXXIX. 



INTOXICATING LiaUORS. 



1. Sale prohibited, when. 

2. Agent of towns, to sell. 

3. Certificate and bond. 

4. Punishment for selling unlawfully. 

5. Penalty how recovered. 

6. Form of complaint for selling. 

7. Form of warrant.. 

8. Appeal. 

9. Of breach of Agent's bond. 

10. Of the manufacture, &c, of liquors. 

11. Traffickers incompetent as jurymen, 

when. 



12. Of liquors intended for sale. 

13. Form of complaint, for keeping 

liquors with intent to sell. 

14. Form of warrant. 

15. Where the owners of liquors are un- 

known. 

16. Appeal. 

17. Liquors at public shows. 

18. Appeal. 

19. Actions for liquor not maintainable. 

20. Repeal of certain acts. 



[The following chapter contains a compendium of the law passed by 
the legislature in 1851, entitled " An act for the suppression of drink- 
ing houses and tippling shops/' The accompanying forms have been 
prepared with great care, and are believed to be sufficiently exact for 
their purpose.] 

1. No person shall be allowed to manufacture or sell by 
himself, his clerk, servant or agent, any spirituous or intoxi- 
cating liquors, or any mixed liquors a part of which is spirit- 
uous or intoxicating, except as hereafter provided. 

2. The selectmen of any town, and mayor and aldermen 
of any city, on the first Monday of May, annually, or as soon 
thereafter as may be convenient, may appoint some suitable 
person as their agent to sell spirits, wines, or other intoxicat- 
ing liquors, to be used for medicinal and mechanical purposes 
and no other ; and said agent shall receive such compensa- 
tion for his services as the board shall prescribe ; and shall, 
in the sale of such liquors, conform to such rules and regu- 
lations as the selectmen or mayor and aldermen shall pre- 
scribe. Such agent shall hold his situation for one year, un- 
less sooner removed by the board from which he received 
his appointment, as he may be at any time, at the pleasure 
of said board. 

3. Such agent shall receive a certificate from the mayor 
and aldermen or selectmen by whom he has been appointed, 



INTOXICATING DRINKS. 261 

authorizing him to sell intoxicating liquors for medicinal and 
mechanical purposes only ; but such certificate shall not be 
delivered to him until he shall have executed and delivered a 
bond with two good and sufficient sureties, in the sum of six 
hundred dollars, in substance as follows : 

Know all men, that we, as principal, and and 

as sureties, are holden and stand firmly bound to the 



inhabitants of the town of -, (or city, as the case may 

be.) in the sum of six hundred dollars, to be paid them, to 
which payment we bind ourselves, our heirs, executors, and 
administrators, firmly by these presents. Sealed with our 
seals, and dated this day of , A. D. — . 

The condition of this obligation is such, that whereas the* 

above bounden has been duly appointed an agent for 

the town (or city) of , to sell, within and for and on ac- 
count of said town (or city,) intoxicating liquors for medici- 
nal and mechanical purposes and no other, until the — — of 
, A. D. — , unless sooner removed from said agency. 

Now if the said shall in all respects conform to the 

provisions of the law relating to the business for which he is 
appointed, and to such rules and regulations as now are or 
shall be from time to time established by the board making 
the appointment, then this obligation to be void ; otherwise to 
remain in full force. 

4. If any person, by himself, clerk, servant or agent, shall 
unlawfully at any time sell any spirituous or intoxicating 
liquors, or any mixed liquors, part of which is intoxicating, 
he shall pay on the first conviction, ten dollars and the costs 
of prosecution, and stand committed until the same be paid ; 
on the second conviction, he shall pay twenty dollars and 
the costs of prosecution, and stand committed until the same 
be paid ; on the third and every subsequent conviction, 
he shall pay twenty dollars and the costs of prosecution 
and shall be imprisoned in the common jail, not less than 
three months, nor more than six months ; and in default 
of the payment of the fines and costs prescribed for the 
first and second convictions, he shall not be entitled to 
the benefit of chapter 175, of the revised statutes, until 
he shall have been imprisoned two months ; and in default of 
payment of the fines and costs provided for the third and every 
subsequent conviction, he shall not be entitled to the benefit 
23 



262 



MAINE TOWNSMAN. 



of said chapter 175 of the revised statutes, until he shall 
have been imprisoned four months. And if any clerk, ser- 
vant, agent or other person in the employment or on the 
premises of another, shall violate the provisions of this sec- 
tion, he shall be held equally guilty with the principal, and 
on conviction, shall suffer the same penalty. 

5. Any forfeiture or penalty arising under the above sec- 
tion, may be recovered by an action of debt, or by complaint 
before any justice of the peace, or judge of any municipal 
or police court, in the county where the offence was com- 
mitted. And the forfeiture so recovered shall go to the town 
where the convicted party resides, for the use of the poor ; 
and the prosecutor or complainant may be admitted as a wit- 
ness in the trial. And if any one of the selectmen or mayor 
and aldermen shall approve of the commencement of any 
such suit, by endorsing his name upon the writ, the defendant 
shall in no event recover any costs ; and in all actions of 
debt arising under this section, the fines and forfeitures suf- 
fered by the defendant, shall be the same as if the action had 
been by complaint. And it shall be the duty of the ma)^or 
and aldermen of any city, and selectmen of any town, to 
commence an action in behalf of said town or city, against 
any person guilty of a violation of any of the provisions of 
this act, on being informed of the same, and being furnished 
with proof of the fact. 

6. The form of complaint, as provided in the preceding 
section, may be as follows : 

State of Maine. 

Cumberland, ss. To A. B., Esquire, of , one of the 

Justices in and for said county : C. D. of on the 

day of in the year of our Lord one thousand eight hun- 
dred and fifty in behalf of said State, on oath complains, 

that E. F. of , in said county, on the day of 

at said , not being appointed by the selectmen of 

said town, as the agent of said town, to sell therein spirits, 
wines, or other intoxicating liquors, did sell a quantity of 
spirituous liquors therein to wit : [here describe the kinds 
and quantities of liquors as accurately as possible.] against 
the peace of the State, and contrary to the form of the stat- 
utes in such case made and provided. 

(Signed) C. D. 



INTOXICATING DRINKS. 263 

On the day of aforesaid, the said C. D. makes 

oath that the above complaint, by him signed, is true. 

Before A. B., Justice of the Peace, 

7. The form of the warrant to be issued by the justice on 
the above complaint, may be as follows : 

State of Maine. 

[L. S.] Cumberland, ss. To the sheriff of our said county 
of Cumberland, or either of his deputies, or either of the 
constables of the town of , Greeting : 

Whereas, C. D. of on the day of A. D. 

185-, in behalf of said State, on oath complained to A. B., 

of =, Esquire, one of the justices in and for said county, 

that E, F. of •, in said county, on the clay of 

at said , not being appointed by the selectmen of said 

town, as the agent of said town, to sell therein, spirits, wines, 
or other intoxicating liquors, did sell a quantity of spirituous 
and intoxicating liquors to wit : [here describe them in the 
language of the complaint.] Therefore, in the name of said 
State, you are commanded to apprehend, forthwith, the said 
E. F. if he may be found in your precinct, and him bring 

before me, at in said — , to answer to said State upon 

the complaint aforesaid. 

Witness, A. B., Esquire, Justice of the peace, at , 

aforesaid, this — — day of — , A. D. 185-. 

A. B., Justice of the Peace. 

8. If any person shall claim an appeal from a judgment 
rendered against him on the trial of sueh action or complaint, 
he shall, before the appeal shall be allowed, recognize in the 
sum of one hundred dollars, with two good and sufficient 
sureties, to prosecute his appeal, and to pay all costs, fines 
and penalties that may be awarded against him, upon a final 
disposition of such suit or complaint. And before his appeal 
shall be allowed, he shall also, in eveiy case, give a bond 
with two other good and sufficient sureties, running to the 
town or city where the offence was committed, in the sum of 
$200, that he will not, during the pendency of such appeal, 
violate any of the provisions of this act. And no recogni- 
zance or bond shall be taken in cases arising under this act, 
except by the justice or judge before whom the trial was 
had ; and the defendant shall be held to advance the jury 



264 MAINE TOWNSMAN, 

fees in every case of appeal in an action of debt ; and in the 
event of a final conviction before a jury, the defendant shall 
pay and suffer double the amount of fines, penalties and im- 
prisonment awarded against him by the justice or judge from 
whose judgment the appeal was made. The forfeiture for 
all bonds and recognizances given in pursuance of this act, 
shall go to the town or city where the offence was committed, 
for the use of the poor ; and if the recognizances and bonds 
mentioned in this section shall not be given within twen- 
ty-four hours after the judgment, the appeal shall not be al- 
lowed ; the defendant in the mean time to stand committed. 

9. The mayor and aldermen of any city, and the select- 
men of any town, whenever complaint shall be made to them 
that a breach of the conditions of the bond given by any 
person appointed under this act, has been committed, must 
notify the person complained of, and if, upon a hearing of 
the parties, it shall appear that any breach has been com- 
mitted, they shall revoke and make void his appointment. 
And whenever a breach of any bond given to the inhabi- 
tants of any city or town in pursuance of any of the provis- 
ions of this act shall be made known to the mayor and al- 
dermen, or selectmen, or shall in any manner come to their 
knowledge, they or some one of them shall, at the expense 
and for the use of said city or town, cause the bond to be 
put in suit in any court proper to try the same. 

10. No person shall be allowed to be a manufacturer of 
any spirituous or intoxicating liquor, or common seller there- 
of, without being duly appointed, on pain of forfeiting on the 
first conviction, the sum of one hundred dollars and costs of 
prosecution ; and in default of the payment thereof, the 
person so convicted shall be imprisoned sixty days in the 
common jail ; on the second conviction, the person so con- 
victed shall pay the sum of two hundred dollars and costs of 
prosecution, and in default of payment, shall be imprisoned 
four months in the common jail ; and on the third and every 
subsequent conviction, shall pay the sum of two hundred 
dollars and shall be imprisoned four months in the common 
jail of the county where the offence was committed ; said 
penalties to be recovered before any court of competent juris- 
diction, by indictment, or by action of debt in the name of 
the city or town where the offence shall be committed. 

11. No person engaged in the unlawful traffic in intoxi- 



INTOXICATING DRINKS. 265 

eating liquors shall be competent to sit upon any jury in any 
case arising under this act ; and when information shall be 
communicated to the court, that any member of any panel 
is engaged in such traffic, or that he is believed to be so en- 
gaged, the court shall inquire of the juryman of whom such 
belief is entertained ; and no answer which he shall make 
shall be used against him in any case arising under this act ; 
but if he shall answer falsely, he shall be incapable of serv- 
ing on any jury in this State ; but he may decline to answer^ 
in which case he shall be discharged by the court from all 
further attendance as a juryman. 

12. If any three persons, voters in the town or city where 
complaint shall be made, shall, before any justice of the 
peace or judge of a municipal or police court, make complaint 
under oath or affirmation, that they have reason to believe 
that spirituous or intoxicating liquors are kept or deposited, 
and intended for sale, by any person not authorized to sell 
the same in said city or town, under the provisions of this 
act, in any store, shop, warehouse or other building or place 
in said city or town, said justice or judge shall issue his war- 
rant of search to any sheriff, city marshal or deputy, or to 
any constable, who shall proceed to search the premises des- 
cribed in said warrant, and if any spirituous or intoxicating 
liquors are found therein, he shall seize the same, and con- 
vey the same to some proper place of security, where he 
shall keep them until final action is had thereon. But no 
dwelling house in which, or in part of which a shop is not 
kept, shall be searched unless at least one of said complainants 
shall testify to some act of sale of intoxicating liquors there- 
in, by the occupant thereof, or by his consent or permission, 
within at least one month of the time of making said complaint. 
And the owner or keeper of said liquors, seized as aforesaid, 
if he shall be known to the officer seizing the same, shall be 
summoned forthwith before the justice or judge by whose war- 
rant the liquors were seized ; and if he fails to appear, or unless 
he can show by positive proof that said liquors are of foreign 
production, that they have been imported under the laws of the 
United States, and in accordance therewith — that they are con- 
tained in the original packages in which they were imported, 
and in quantities not less than the laws of the United States 
prescribe, they shall be declared forfeited, and shall be de- 
stroyed by authority of the written order to that effect, of 



266 



M A I N E TOWNS M A N. 



said justice or judge, and in his presence, or in the presence 
of some person appointed by him to witness the' destruction, 
thereof, and who shall join with the officer by whom they 
shall have been destroyed, in attesting that fact upon the 
back of the order by authority of which it was done ; and 
the owner or keeper of such liquors shall pay a fine of twen- 
ty dollars and costs, or stand committed for thirty days, in 
default of payment, if in the opinion of the court said liquors 
shall have been kept or deposited for the purposes of sale. 
And if the owner or possessor of any liquors seized in pur- 
suance of this section, shall set up the claim that they 
have been regularly imported under the laws of the United 
States, and that they are contained in the original packages, 
the custom house certificates of importation, and proofs of 
marks on the casks or packages corresponding thereto, shall 
not be received as evidence that the liquors contained in said 
packages are those actually imported therein. 

13. The following may be the form of complaint under 
the above section : 

State of Maine. 

[L. S.] Cumberland, ss. To A. B. of , Esquire, one 

of the justices of the peace in and for said county of Cum- 
berland : C. D. E. F., and G. EL, being voters in said 

on the day of A. D. 185- in behalf of the State, 

on oath complain, that J. K. of , in said county, now 

has and keeps spirituous and intoxicating liquors, deposited 
and intended for sale, in the shop, [or other place, as the 

case may be] situated in said , occupied by him, said 

J. K. not being appointed by the selectmen of said 

as the agent thereof, to sell therein, spirits, wines, or other 
intoxicating liquors ; whereby said liquors have become for- 
feited to be destroyed, and said J. K. has forfeited the sum of 
twenty dollars, to the use of said State, and costs of prosecution. 
The complainants therefore pray that due process may 
issue to search there for the same, and that if such liquors 
be found therein, the same be seized and safely kept until 
final action and decision be had hereon. 

CD. 

E. 

G. 
On the — — day of aforesaid, the said C. D., E. F* 



L D. v 
l.F. } 
i.H. ) 



INTOXICATING DRINKS. 267 

and G. H. make oath that they have cause to believe and do 
believe the above complaint, by them signed, is true. 

Before A. B., Justice of the Peace. 

14. The following is the proper form of warrant on the 
above complaint : 

State of Maine. 

[L. S.] Cumberland, ss. To the sheriff of our said coun- 
ty of Cumberland, or either of his deputies, or either of the 

constables of the town of . Greeting. 

Whereas, C. D., E. F. and G. H., being voters in said 

, on the day of in the year 185-, in behalf 

of said State, on oath complained to me, A. B., of Es- 
quire, one of the justices of the peace in and for the county 

of , that J. K. of in said county, then had and 

kept spirituous and intoxicating liquors, deposited and in- 
tended for sale in the shop, [or other place] situated in said 
occupied by him, said J. K. ; said J. K. not being ap- 
pointed by the selectmen of said , as the agent thereof, 

to sell therein, spirits, wines or other intoxicating liquors ; 
whereby said liquors have become forfeited to be destroyed, 
and said J. K. has forfeited the sum of twenty dollars for the 
use of said State, and costs of prosecution, and pray that due 
process may issue to search there for the same. Therefore, 
in the name of the State, you are required to enter, in the 
day time, the shop [or other place] named in said complaint, 
and search there for the same, and if such liquors be found 
therein, to seize and safely keep the same until final decision 
be had on said complaint, and that you summon said J. 

K. forthwith to appear before me, at in said , 

on the day of at o'clock, in the noon, 

to show cause, if any he have, why said liquors should 
not be declared forfeited and be destroyed, and he be 
adjudged and held to pay a fine of twenty dollars to the use 
aforesaid, and costs of prosecution. And make return hereof 
with your doings thereon, to me, at the time aforesaid. 

Witness A. B., of Esquire, at — — aforesaid, this 

day of A. D. 185-. 

A. B., Justice of the Peace. 

15. If the owner, keeper or possessor of liquors seized 
under the provisions of this act, shall be unknown to the offi- 



268 MAINE TOWNSMAN 1 . 

cer seizing the same, they shall not be condemned and de- 
stroyed until they shall have been advertised, -with the num- 
ber and description of the packages as near as may be, for 
two weeks, by posting up a written description of the same 
in some public place ; that if such liquors are actually the 
property of any city or town in the State, and were so at the 
time of the seizure, purchased for sale by the agent of said 
city or town, for medicinal and mechanical purposes only, they 
may not be destroyed ; but upon satisfactory proof of such 
ownership, within said two weeks, before the justice or judge 
by whose authority said liquors were seized, he shall deliver to 
the agent an order to the officer, having said liquors in cus- 
tody ; whereupon said officer shall deliver them to said agent, 
taking his receipt therefor upon the back of said order, 
which shall be returned to said justice or judge. 

16. If any person claiming any liquors so seized shall ap- 
peal from the judgment of any justice or judge by whose au- 
thority the seizure was made, to the district court, before his 
appeal shall be allowed, he shall give a bond in the sum of 
two hundred dollars, with two good and sufficient sureties, to 
prosecute his appeal, and to pay all fines and costs which 
may be awarded against him ; and in the case of any such 
appeal, where the quantity of liquors so seized shall exceed 
five gallons, if the final decision shall be against the appel- 
lant, that such liquors were intended by him for sale, he shall 
be adjudged by the court a common seller of intoxicating 
liquors, and shall be subject to the penalties provided for in 
section eight, of this act ; and said liquors shall be destroyed 
as provided for in section eleven. But nothing contained in 
this act shall be construed to prevent any chemist, artist or 
manufacturer in whose art or trade they may be necessary, 
from keeping at his place of business such reasonable and 
proper quantity of distilled liquors as he may have occasion 
to use in his art or trade, but not for sale. 

17. It shall be the duty of any mayor, alderman, select- 
man, assessor, city marshal or deputy ^ or constable, if he shall 
have information that any intoxicating liquors are kept or 
sold in any tent, shanty, hut or place of any kind for selling 
refreshments in any public place on or near the ground of 
any cattle show, agricultural exhibition, military muster, or 
public occasion of any kind, to search such suspected place, 
and if such officer shall find upon the premises any intoxicat- 



INTOXICATING DRINKS. 269 

ing drinks, he shall seize them, and arrest the keeper or keep- 
ers of such place, and take them forthwith, or as soon as 
may be, before some justice or judge of a municipal or police 
court, with the liquors so found and seized. And upon proof 
that said liquors are intoxicating, that they were found in 
possession of the accused, in a tent, shanty, or other place 
as aforesaid, he or they shall be sentenced to imprisonment 
in the county jail for thirty days, and the liquor so seized 
shall be destroyed by order of said justice or judge. 

18. If any person arrested under the preceding section 
and sentenced as aforesaid, shall claim an appeal, before his 
appeal shall be allowed, he shall give a bond in the sum of 
one hundred dollars, with two good and sufficient sureties, 
that he will prosecute his appeal and pay all fines, costs and 
penalties which may be awarded against him. And if on 
such appeal the verdict of the jury shall be against him, he 
shall in addition to the penalty awarded by the lower court, 
pay a fine of twenty dollars. 

19. All payments or compensations for liquor sold in vio- 
lation of law, whether in money, labor or other property, 
either real or personal, shall be held and considered to have 
been received in violation of law, and without consideration, 
and against law, equity and a good conscience ; and all sales, 
transfers and conveyances, mortgages, liens, attachments, 
pledges and securities of every kind, which either in whole 
or in part, shall have been for or on account of spirituous or 
intoxicating liquors, shall be utterly null and void against all 
persons and in all cases, and no rights of any kind shall be 
acquired thereby ; and in any action either at law or equity, 
touching such real or personal estate, the purchaser of such 
liquors may be a witness for either party. And no action of 
any kind shall be maintained in any court in this State, 
either in whole or in part for intoxicating or spirituous liquors 
sold in any other State or country whatever, nor shall any 
action of any kind be had or maintained in any court in this 
State, for the recovery or possession of intoxicating or spirit- 
uous liquors, or the value thereof. 

20. The act entitled " An act to restrict the sale of intox- 
icating drinks," approved August sixth, one thousand eight 
hundred and forty-six, is repealed, except the thirteen sec- 
tions from section ten to section twenty-two inclusive ; and 
all other acts inconsistent with this are repealed, 



TITLE VIII. 



REGULATIONS CONCERNING PROPERTY. 



Chapter 


90. 


Chapter 


91. 


Chapter, 


92. 


Chapter 


93. 


Chapter 


94. 


Chapter 


95. 


Chapter 


96. 


Chapter 


97. 


Chapter 


98. 


Chapter 


99. 


Chapter 


100. 


Chapter 


101. 



Pounds, and impounding beasts. 

Fences. Fence viewers. Common fields, 

Lost goods. 

Burying grounds. 

Auctioneers. 

Libraries. 

Hawkers and pedlers. 

Property exempt from attachment. 

Culture of silk. 

Rights of married women. 

Rights of mechanics. 

Children in factories. 



CHAPTER XC. 
POUNDS AND IMPOUNDING BEASTS. 



1. Each town to keep a pound. 


22. 


Form of libel. 


2. Beasts going at large. 


23. 


Decree of sale. 


3. Same. 


24. 


Proceeds of sale. 


4. Towns may vote for beasts to go at 


25. 


Owner may redeem. 


large. 


26. 


Replevin of beasts. 


5. Injuries by beasts. 


27. 


Rescue of beasts. 


6. Pound keepers. 


28. 


Pound breach. 


7. Their oaths. 


29. 


Masters liable. 


8. Their book of records. 


30. 


Defendants' proof. 


9. Beasts restrained. 


31. 


Forfeitures. 


10. Certificate of impounding. 


32. 


Pound keeper's fees. 


11. Form of certificate. 


33. 


Same. 


12. Damages to be paid. 


34. 


Same. 


13. Warrant. Form. 


35. 


Rescue, what. 


14. Return of appraisers. Form. 


36. 


Indictment for pound breach 


15. Oath of appraisers. 


37. 


Stray cattle found. 


16. Notice of appraisers. 


38. 


Swine at large. 


17. Estrays. 


39. 


Vote of a town binding. 


18. Estrays to be delivered to pound 


40. 


Fence not sufficient. 


keepers. 


41. 


Same. 


19. Pound keeper to advertise. 


42. 


Beasts to be fed and watered 


20. Form of advertisement. 


43. 


Individuals, when not liable 


21. Estray libeled. 


44. 


Sheep to be marked. 



1. Each town shall constantly keep and maintain, in such 
places therein as the inhabitants shall determine, one or 



POUNDS AND IMPOUNDING BEASTS. 271 

more sufficient pounds, for the reception of such beasts, as 
may be by law liable to be impounded. B,. S. c. 30, § 1. 

Penalty for neglect, for six months, not less than fifty dol- 
lars, to be recovered by indictment before the district court, 
and expended for the use of the town in building and main- 
taining such pound. lb. § 2. 

2. If any horse, or horse kind, ass, mule, swine, goat, 
sheep, or neat beast shall at anytime be found going at large 
without a keeper, in the highways, roads, town ways, or com- 
mons, the owners shall forfeit seventy-five cents for every 
horse, horse kind, ass, or mule ; twenty-five cents for every 
swine, or neat beast ; and ten cents for every sheep ; recov- 
erable by action of debt ; or the same beasts may be im- 
pounded in any pound in the town, till the forfeiture, with the 
charges of impounding and keeping such beasts and all fees, 
shall be paid by the owner or claimant. lb. § 3. 

3. If such horse be an ungelded male, of one year old 
and upwards, the owner shall forfeit a further sum of four 
dollars. If any ram or he-goat be found at large, between 
the twentieth of August and the twentieth of November, the 
owner shall forfeit a further sum of five dollars. lb. § 4. 

4. Any town may permit, by vote at the annual meeting, 
any cow and any other neat beasts to go at large, at any or 
all times within one year. lb. § 5. 

5. When any person is injured in his land, by sheep, swine, 
horses, asses, mules, goats, or neat cattle, he may recover his 
damages in an action of trespass against the owner of the 
beasts, or by distraining the beasts, or any of them, doing the 
damage ; provided that if the beasts shall have been on, and 
escaped from adjacent lands, by neglect of the person injured 
to maintain his part of the partition fence, the owner shall 
not be liable. lb. § 6. 

6. There shall annually be chosen, in any town, a suitable 
person to keep each pound therein, and he shall be sworn, 
lb. § 7. If any town shall omit to choose a pound keeper 
or there is a vacancy, the selectmen may fill the vacancy. 
Act Aug. 6, 1846. 

1 , The form of the oath may be as follows : 

You, A. B., having been elected pound keeper in the town 

of , do swear, that you will faithfully discharge the duties 

assigned to you by law So help you God. 



272 MAINE TOWNSMAN. 

8. Said pound keeper shall keep a book wherein to record, 
at length, certificates from persons committing beasts to the 
pound, or rinding stray beasts, and a single copy of all ad- 
vertisements by him posted or published, noting the time 
when a beast was impounded, and when and by whom it 
was taken away ; which book shall be legal evidence of his 
doings, and shall be transmitted to his successor in office. 
R. S. c. 30, § 8. 

9. It shall be the duty of the pound keeper to restrain the 
beasts impounded in the town pound, or such other place, 
after the first day, as shall be more for the comfort and safe- 
ty of the beasts, and for giving them food and drink, which 
shall be furnished him at the expense of the impounder. 
The pound keeper shall not be obliged to impound such 
beasts, unless payment shall be advanced or secured. lb. § 9. 

10. Before the pound keeper shall receive beasts into 
pound, the impounder shall furnish him with a description 
under his hand, describing the beast, the cause of the im- 
pounding, the amount of damages or forfeiture claimed, and 
charges of impounding. lb. § 10. 

11. The form of such certificate may be as follows : 

The undersigned, A. B. of B., herewith commits to pound, 
[a horse or cow, as the case may be, with a short description 
of the beast,] taken up [in the highway or inclosure of said 
A. B., in B., as the case may be,] and the said A. B. de- 
mands dollars for [damages of forfeiture, as the case 

may be,] and the unpaid charges for impounding the same. 

, Sept. 1, 18 — . Witness my hand, A. B. 

12. The pound keeper shall not be liable to any action for 
receiving or detaining any beasts so committed, till the sever- 
al sums claimed by such certificate, and all other due expen- 
ses, costs, and fees, shall have been paid to him ; excepting 
if the claimant object to the damages stated, or if no claim- 
ant appear, the pound keeper shall, within ten days, and not 
afterward, issue a warrant under his hand to two disinterest- 
ed persons of said county, as follows : 

13. York, ss. To E. F. and G. H., two disinterested per- 
sons of said county, Greeting. 

You are hereby appointed to view and estimate, upon oath, 



POUNDS AND IMPOUNDING BEASTS. 273 

according to your best judgment, the damages done to A. B., 
by [the horse or oxen as the case may be] owned or claimed 
by [C. D., or by owner unknown] and make due return of 
your doings therein ; first giving said C. D. reasonable notice 
of the time when you will view the place where the damages 
were done. 

Given under my hand this day of , 18 — . 

0. P., Pound keeper. 

14. Return of the appraisers : 

Pursuant to this warrant, we, the undersigned, being first 
sworn to the faithful performance of the trust to which we 
have been appointed, and having given A. B. reasonable no- 
tice as required, do hereby certify that we have viewed and 

do estimate said damages at dollars — — cents, and no 

more. 

Dated at , the day of 18 — . 

> Appraisers. 

The said persons, being first sworn, shall give reasonable 
notice to the person impounding, and the owner of such beast, 
if known and resident in said town, of the time appointed for 
the view, and proceed to estimate damages accordingly, and 
make return to the pound keeper of their doings in writing, 
under their hands. The oath may be administered by said 
pound keeper, or justice of the peace, and must be certified 
on the same warrant. lb. § 12. 

15. Oath of the appraisers : 

You solemnly swear that you will faithfully estimate the 
damages done to A. B., by the horse [or oxen] of said C. 
D., according to your best judgment. So help you God. 

16. The form of notice of appraisers may be as follows : 

You are hereby notified that the subscribers have been 
duly appointed appraisers to estimate the damages done to 

, by a horse of C. D., of , and will attend at , 

on the day of , instant, at nine o'clock in the fore- 
noon, for the purpose of estimating said damage. 
24 



274 MAINE TOWNSMAN. 

17. Whoever shall take up in any public way, or within 
his inclosure, any such beast as estrays, he shall, within ten 
days, if no owner calls for the beast, commit the same to a 
pound keeper, with a certificate, which beast the pound 
keeper shall keep till called for by the owner and all charges 
paid, or until the beast shall be disposed of, as is prescribed 
hereinafter. lb. § 13. 

18. If the possessor of such estray shall not deliver the 
same to the pound keeper, with the certificate as aforesaid, 
within ten days, he shall, for every week after said ten days, 
lose the expense of keeping, and forfeit one per cent, of the 
value of such stray beast, until he shall deliver the same to 
the pound keeper, with such certificate, or until such forfei- 
ture shall amount to the value of the beast, lb. § 14. 

19. When any pound keeper shall have received any beast 
as aforesaid, he shall forthwith post and keep posted, for 
three days, at his dwelling house and in two other public 
places in said town, advertisements by him subscribed, stat- 
ing the name of the impounder or finder, the time and cause 
of impounding, and a brief description of the beast, and 
notify the owner to pay what is legally and justly demanda- 
ble, and take the beast away ; and shall give the like notice 
by a town crier, if any there be. If the value of the beast 
exceed ten dollars, a copy of such advertisement shall be 
published in some newspaper, if any, printed in such county, 
lb § 15. If the value of the beast does not exceed five dol- 
lars, the pound keeper may proceed to sell the same at pub- 
lic auction if the same is not replevined or damages and cost 
paid, pursuant to statute — notices being given as provided 
herein. Act of 1845, § 140. 

20. The form of such advertisement may be as follows : 

To whom it may concern : 

I have this day received into pound, in the pound in the 

town of , a white horse, five feet eight inches high, 

found doing damage in the field of A. B. in said town, and 

impounded by E G., of said . The owner is hereby 

required to pay the sum legally and justly demandable, in 
damages, and fees and charges for impounding, and take 
the beast away. 

Dated at — — , this day of — — 18 — . 

N. L., Pound keeper of . 



POUNDS AND IMPOUNDING BEASTS. 275 

21. If the owner of such beast shall not, within twenty 
days next after the posting and publishing such notice, take 
the beast away, and pay what is demandable, including 
charges, fees and costs, then the pound keeper shall, within 
the next succeeding twenty days and not afterwards, proceed 
to libel the same, in the name of the impounder or finder. 

22. The form of the libel may be as follows : 

To A. B., one of the justices of the peace within and for 

the county of : O. P., pound keeper of the town of 

, in said county, would respectfully represent, that on 

the day of , A, B., of aforesaid, committed 

to the pound keeper in said town, of which said O. P. is 
keeper, two swine about twelve months old, taken up in the 

highway [or in the inclosure of said A. B.] in said , the 

said A. B. demanding the sum of for damages, and the 

unpaid charges for inpounding the same ; and the said O. P., 
pound keeper as aforesaid, forthwith posted and kept posted 
at his dwelling house, and at two other public places in said 
town, advertisements by him subscribed, stating the name of 
the impounder or finder, the time and cause of impounding, 
and a brief description of said swine, and notifying the own- 
er to pay what is legally and justly demandable, and to take 
said swine away ; and likewise gave the like public notice by 
the town crier in said town, and caused a copy of said adver- 
tisement to be inserted in the , a newspaper printed in said 

county. The owner of said swine not having appeared with- 
in twenty days after the posting and publishing of said notice, 
to claim said beast, and pay what is by law demandable, the 
said O. P., in behalf of said A. B., prays that a decree of 
forfeiture may be issued by said justice, and that said swine 
may be sold, and the proceeds of sale disposed of according 
to law. 

Dated at — — , on the day of , 18 — . 

O, P., Pound keeper of — — . 

23. After due notice and examination, the court or justice 
may decree a sale of such beast, if they find said beast has 
been lawfully impounded and detained, and may issue under 
the seal of the court or justice a precept in the form following : 

[Seal] Whereas, A. B., of , within the county of 



£76 MAINE TOWNSMAN. 

, through his agent, , pound keeper, by the con- 
sideration of our justice's court, holden at — , on -, by 

, Esq., a justice of the peace for said county, obtained 

a decree for the sale of the [here insert a description of the 

property, as in the libel] with costs, taxed at , as to us 

appears of record, whereof execution remains to be done ; 
we command you, therefore, to make sale of the same, in 
the manner prescribed by law for the sale of goods and chat- 
tels, in satisfaction of executions ; and after deducting your 
lawful fees, you will pay over the residue to said pound 
keeper, and take his receipt thereon, for the same: hereof 
fail not, and make due return of your doings therein, within 
thirty days. Witness — — . [Close like that of other exe- 
cutions.] 

And the officer shall make sale of the property, in the 
manner prescribed by law, for the sale of goods and chat- 
tels in satisfaction of executions, and be entitled to like fees 
out of the proceeds of sale, and shall pay over the residue 
to the pound keeper and take his receipt therefor. He shall 
be required to make return of his doings to said court or 
justice in thirty days. But if the beast does not exceed in 
value five dollars, it may be sold at auction in five days after 
notice of the impounding. Act of 1845, c. 140. 

24. The pound keeper shall retain the amount of his law- 
ful charges and fees, and pay to others interested their law- 
ful dues. The balance he shall, within thirty days, pay to 
the county treasurer ; which he shall pay over within six 
years to the person who shall make it appear that he was 
the owner of the property. R. S. c. 30, § 18. 

25. The owner of such beast may redeem the same, on 
payment of all dues thereon, at any time before a decree of 
sale. lb. § 19. 

26. When any person shall replevin the beasts, he shall 
bring his action against the impounder or finder. lb. § 20. 

27. Whoever shall rescue such beast, or occasion the 
escape thereof, shall forfeit not less than five dollars nor 
more than twenty dollars, and be also liable to an action on 
the case. 

28. Whoever shall make any pound breach, shall forfeit 
to the use of the town, not less than ten dollars nor more 
than fifty dollars, to be recovered by indictment ; and shall 



POUNDS AND IMPOUNDING BEASTS. 277 

also pay the party injured double the damage or forfeiture 
by the impounding such beast, to be recovered in an action 
on the case. lb. § 23. 

29. When any rescue or pound breach is affected by an 
apprentice, or a minor, the party injured or impounded may 
prosecute for damages the master of the apprentice, or parent 
of the minor. lb. § 24. 

30. The defendant shall not be allowed to allege the in- 
sufficiency of the fences, or any other fact, to show that the 
impounding was illegal ; but may make such ground of ob- 
jection in an action of replevin. lb. § 25. 

31. All forfeitures not prescribed for shall be recovered 
in an action of debt, and all actions for forfeitures shall be 
barred, unless commenced within ninety days after the for- 
feitures accrued. lb. § 26. 

32. The fees of the pound keeper shall be twenty-five 
cents for impounding, twelve and a half cents for recording 
each certificate, and the same for each advertisement, with 
four cents a mile, travel. lb. § 27. 

33. The party impounding such beast, shall have a rea- 
sonable sum, to be determined by the pound keeper, not 
exceeding half the forfeitures, as in section three, besides 
what forfeitures he may recover under said section. lb. 
§28. 

34. The price which the pound keeper shall receive shall 
be prescribed by the selectmen, and recorded. lb. § 29. 

35. If one take cattle from the lawful custody of a field- 
driver, this is a rescue, although they are finally impounded. 
17 Mass. R. 342. 

36. Upon an indictment for pound breach, the illegality 
of the distress cannot be shown in the defence. 5 Pick. 
R. 514. 

37. If any man finds stray cattle in his field, he is not 
bound to impound them, but may drive them off into the 
highway. 18 Pick. 227. 

38. Swine unlawfully at large upon the highways, cannot 
be impounded on the Sabbath. 4 N. H. R. 153. 

39. A vote of a town to restrain cattle going at large with- 
in the limits of the town, is binding on persons not inhabi- 
tants, whose cattle are found going at large. A turnpike 
is a highway, within the meaning of the statute. 4 Pick, 
R. 258. 



278 MAINE TOWNSMAN. 

40. The owner of a close, is not obliged to fence but 
against cattle lawfully in the adjoining ground ; and if all his 
fence be insufficient, yet if cattle do not escape through the 
insufficient fence, but are turned in, he may lawfully im- 
pound them for doing damage. 4 Mass. R. 471. 

41. No action can be maintained by the owner of a field 
against the owner of cattle rightfully on an adjoining close, 
and straying therefrom through an insufficient fence upon 
such field, unless the fence has been divided, and the owner 
of the cattle is bound thereby to keep the fence in repair ; 
nor can the cattle be lawfully impounded for that cause. 
The person taking and impounding cattle without cause, is 
liable to an action therefor. 14 Maine R. 419. 

42. It is the duty of a party impounding cattle, to feed and 
water them as often as is required according to the usage of 
the country and good husbandry. 13 Pick. R. 384. 

43. A private individual who impounds a beast taken doing 
damage, in a town pound, is not liable for the injury such 
beast may receive from cattle in the same pound. 9 Pick. 
R. 14. 

44. Every owner of sheep shall have a distinct mark, 
with which he shall mark his sheep and lamb ; and such 
mark shall be recorded by the clerk of the city or town where 
the owner resides — fee for recording eight cents. Act of 
1845, c. 162, 



FENCES, &C 



279 



CHAPTER XCI. 



FENCES, FENCE VIEWERS, COMMON FIELDS. 



1. Legal fences. 

2. Fences by adjoining occupants. 

3. Neglect to repair fences. 

4. Form of notice of fence viewers. 

5. Complainant may recover. 

6. Division of fences. 

7. Form of notice. 

8. Form of assignment. 

9. Record of assignment. 

10. Fence built in unequal proportions. 

11. Liability of each party. 

12. Fences kept in repair. 

13. Fences may vary from dividing line. 



14. Assignment of parts. 

15. Form of division fence. 

16. Occupant ceasing to improve. 

17. Form of appraisement of division 

fence. 

18. Land lying in common. 

19. Fence on town line. 

20. Divisions of fences binding. 

21. House lots. 

22. Neglect of fence viewers. 

23. Fence viewers' compensation. 

24. Common fields. 



1. Ail fences, four feet high and in good repair, consisting of 
rails, timber, boards, or stone walls, and brooks, rivers, ponds, 
creeks, ditches, hedges, or other things which, in the judg- 
ment of the fence viewers having jurisdiction thereof, are 
equivalent thereto, shall be accounted legal and sufficient 
fences. R. S. c. 29, § 1. 

2. The respective occupants of lands, inclosed with fences, 
shall maintain partition fences between their own and the 
next adjoining inclosures, in equal shares, so long as both 
parties shall continue to improve the same. lb. § 2. 

3. In case any party shall fail to repair or build any such 
fence, which he of right ought to maintain, the aggrieved 
party may complain to two or more fence viewers of the 
town, who, after due notice of such party, shall proceed to 
survey the same ; and if they determine that the fence is 
insufficient, they shall signify the same in writing to the de- 
linquent occupant of the land, and direct him to repair or 
rebuild the same, within such time as they shall judge rea- 
sonable, not exceeding six days. If the fence shall not be 
repaired or rebuilt, accordingly, the complainant may make 
or repair such fence. lb. § 3. 

4. The form of such notice of the fence viewers, may be 
as follows : 



280 MAINE TOWNSMAN. 

To , of , in the county of - 



Whereas, complaint has been made to us, the suscribers, 

fence viewers of the town of , in said county, on the 

, by C. D. of said , to survey the fence between 

the land of E. F. and yourself, situate in said , begin- 
ning at and ending at , which has been heretofore 

divided between you ; upon which complaint we appointed 

the day of , at o'clock A. M., at the 

, as the time and place of hearing, and caused you to 

be duly notified thereof; and having attended and examined 
said fence, and heard the parties and their evidence, we de- 
ermine that the part of said fence, beginning at and 

ending at , which you are bound to keep in repair, is 

insufficient ; and direct you to cause the same to be put in 
good repair within six days from the date hereof. 

Given under our hands, this day of , A. D. 185-. 



> Fence viewers of - 



5. When the complainant shall have completed such fence, 
and the same shall have been judged sufficient by two or 
more fence viewers, and the value thereof, together with the 
fence viewers' fees, certified under their hands, he may de- 
mand and recover, either of the occupant or the owner, 
double the value and fees ; and in case of neglect or refusal 
to pay the same, for one month after demand, the com- 
plainant may sue for and recover the same, by a special ac- 
tion on the case, with interest, at one per cent, a month. lb. 
§4. 

6. When the occupants or owners of adjacent lands dis- 
agree respecting their rights of partition fences, either party 
may apply to two or more fence viewers, who after notice to 
each party, may in writing under their hands assign to each 
party his share thereof, and limit the time in which each par- 
ty shall build or repair his part of the partition fence, not ex- 
ceeding six days. lb. § 5. 

7. The form of such notice may be as follows : 

To Mr. , of the town of : Whereas, 



has made application to us, fence viewers of the town of 

, stating that a disagreement has arisen between him 

and you respecting your rights in and your obligations to 



.FENCES, &C. 281 

maintain a partition fence between your land and the land of 

said ; we therefore notify you that we shall be at , 

on the day of , at o'clock, to assign to 

each party his share of said fence, at which time and place 
vou will attend. 

Dated , 185-. \ 

> Fence viewers. 



8. The form of such assignment may be as follows : 

Whereas, a disagreement has arisen between A. B. of 
and C. D. of , respecting their rights in a parti- 



tion fence and obligations to maintain the same ; and where- 
as, we, the subscribers, fence viewers of the town of , 

upon application to us by said , have given reasonable 

notice to each party to attend at the time and place, when and 
where the assignment should be made ; wherefore, having 
viewed the premises, we do hereby assign to each of said 
parties his share of said fence, to wit : 
The said shall . 

> Fence viewers. 

Given under our hands this day of , 18 — . 

9.- Such assignment, and all assignments of partition 
fences, being recorded in the town clerk's office, shall be 
binding upon all the parties. lb. § 5. 

10. If such fence shall have been built and maintained by 
the parties in equal proportions, and the fence viewers shall 
adjudge the same to be good and sufficient, they may, after 
notice in writing, under their own hands, award to the party 
who has built and maintained the larger portion, the value of 
such excess, to be recovered in an action on the case against 
the other party, if not paid within six months after demand, 
lb. § 5. 

11. In case the parties shall refuse or neglect to build and 
maintain the part assigned to them, the same may be done 
by the aggrieved party, and he shall receive double the value 
and expenses, to be ascertained and recovered as aforesaid, 
lb. § 6. 



282 MAINE TOWNSMAN. 

12. All division fences shall be kept in good repair 
throughout the year, unless the occupiers of the adjacent 
lands shall otherwise agree. lb. § 7. 

13. When from the natural impediments, in the opinion of 
the fence viewers, it may be impracticable or unreasonably 
expensive, to build a fence on the true line between adjacent 
lands, if the occupiers disagree respecting the position of 
their division fence, then said fence viewers, upon the appli- 
cation of either party, and after notice and view of the 
premises, may determine, by a certificate under their hands, 
on which side of the true line, and at what distance, and 
whether partly on one side and partly on the other, and at 
what distances, the fence shall be built and maintained, and 
in what proportions by the respective parties ; and either 
party may have the same remedy against the other, as in 
regard to the assignments of partition fences. lb. § 8. 

14. When adjacent lands have been occupied in common 
without a partition fence, and either party desires to occupy 
his own in severalty, or when a fence, running into the water 
is necessary to be made, and the parties liable to build and 
maintain the same, disagree, either party may have the same 
divided, upon application to the fence viewers of the town, 
who shall proceed as in section six, excepting that the fence 
viewers shall allow more than six days for building the fence. 
lb. § 9. 

15. The form of such division fence, by the fence viewers, 
may be as follows : 

Whereas, on the , 185-, application was made to the 

subscribers, fence viewers of the town of , in the coun- 
ty of , by , of said , to make a partition fence 

between the lands of said , and , beginning at 

, and ending at , in said town, and the parties not 

agreeing on the division thereof, on which application we 

appointed , the day of , at — o'clock in the 

noon, as the time and place of hearing thereon, and 

caused the parties to be duly notified thereof ; we attended 
at said time and place, and heard the parties, and examined 
the fence on either line, and do determine that said brook 
does not answer the purpose of a sufficient fence, and it is 
impracticable [or, as the case may be, unreasonably expen- 
sive for the fence to be made on the true line,] we do there- 



nces, &c. 283 

tore make the following division thereof : That part of said 

fence beginning at , and ending at , we assign to 

said , and order the same to be built and maintained by 

him ; that part of said fence beginning at , and ending 

at , we assign to said , and order the same to be 

built and maintained by him. Our fees for said service are 

two dollars, to be paid by said . 

Given under our hands, this day of , 18 — . 

| Fence viewers of . 

16. When one party shall cease to improve his land, or 
lay open his inclosure, he shall not take away any part of 
the partition fence belonging to him, and adjoining the next 
inclosure, provided, the owner will allow and pay therefor so 
much as two fence viewers, on notice to both parties, shall 
determine to be the reasonable value thereof. lb. § 30. 

17. The form of an appraisement of the value of such 
partition fence may be as follows : 

We, the subscribers, fence viewers of the town of , 

at the request of , to appraise his part of a partition 

fence, on land adjoining the inclosure of , which he 

has ceased to improve, have given due notice to both parties, 
and do determine the reasonable value thereof to be -. 

Dated the day of , 185-. 

} Fence viewers. 



18. When any land, which has laid uninclosed, shall be 
inclosed or used for pasturing, the occupant or owner shall 
pay for one half of each partition fence, standing upon the 
line between his land and the inclosure of any other occu- 
pant or owner, the value to be ascertained in writing, if they 
cannot agree themselves, by two or more fence viewers ; and 
if such owner or occupant shall not pay for one-half of said 
partition fence, for thirty days after demand, the proprietor 
may recover the same and costs of him, in an action. lb. 
§ 11. 

19. In all cases where the line upon which a partition 
fence is to be made or divided, is the boundary line between 
towns, a fence viewer shall be taken from each town. lb. § 12. 



284 MAINE TOWNSMAN. 

20. In all cases when a fence has been made, either by- 
fence viewers, on the written agreement of the parties, and 
recorded in the office of the town clerk of the town where 
the lands lie, the several owners, and their heirs and assigns, 
shall erect and maintain said fences, agreeably to such divis- 
ion ; provided, that if any owner shall lay his lands common, 
adjoining the fence so divided, and shall give six months 
notice to occupants of adjoining lands, he shall not be re- 
quired to maintain such fence during the time his lands shall 
lay so common. lb. § 13. 

21. If the owner of any house lot, not exceeding half an 
acre, improve the same, the owner of the adjacent land shall 
make and maintain one-half of the fence between them, 
whether he improve or not. No written agreement respect- 
ing fences shall be void. lb. § 14. 

22. Any fence viewer who shall, when requested, unrea- 
sonably neglect to view any fence, or to perform any duty 
required of him, shall forfeit three dollars to any person 
who shall prosecute within forty days after such neglect, 
lb. § 37. 

23. Each fence viewer shall be paid by the person em- 
ploying him, at the rate of one dollar a day for his services. 
If any party liable shall neglect to pay the same for thirty 
days after demand, he shall recover double the amount, in 
an action on the case, and they may be mutually witnesses, 
lb. § 38. 

24. If any part of the fence belonging to any proprietors 
of a common field shall become deficient, and they shall not 
repair it within three days after notice, by a fence viewer, 
it may be repaired by any proprietor ; and such repairs may 
be examined by any two or more fence viewers of the town, 
and if adjudged by them to be sufficient, they shall ascertain 
the cost of the repairs, and make a statement thereof, and of 
their fees, in writing, under their hands ; and the person 
making such repairs, may demand double costs of the re- 
pairs and fees, and if not paid within one month after notice 
and demand, he may recover the same in an action on the 
case. lb. §25,26. 



LOST GOODS. 285 



CHAPTER XCII* 

LOST GOODS. 



i. Finder of lost goods. 

2. Form of warrant of appraisal, 

3. If the owner appear. 



4. Neglect of finder. 
& Form of appraisal. 



J. The finder of lost goods or money, of the value of 
three dollars or more, if the owner is unknown, shall notify 
the town clerk within ten days, in writing, and cause a no- 
tice to be posted up in the town, in a public place, and the 
same to be cried for three several days^ if there be any 
public crier in the town ; if the money or goods found be 
of the value of ten dollars or more, the same shall be cried, 
and notice thereof given, by posting as aforesaid, and in 
two other towns adjoining ; and the finder shall, also within 
two months, procure from the town clerk, or a justice of the 
peace, a warrant directed to two disinterested persons, re- 
turnable within seven days into the town clerk's office, to ap- 
praise said goods under oath. R. S. c. 132, § 13, 14, 15. 

2. The form of warrant to appraise lost goods may be as 
follows : 

[Seal.] ss. To A. B. and C. D., of — — , Greeting. 

Upon the application of E. F., of , to me, G. H., 

town clerk of said , you are hereby appointed to ap- 
praise, upon oath, at the true value thereof in money, ac- 
cording to your best judgment, [here describe the goods or 

money] found by the said E. F., at ; and to make due 

return of your doings, with this warrant, into the town clerk's 
office, in said , within seven days from the date hereof. 

Given under my hand and seal, this — day of - , 

A. D. 18—. G, H,, Town Clerk, 

ss. Then the above named A. B. and C. D. made 

oath, that they would faithfully perform the service required 
by the above warrant. 
25 



286 MAINE TOWNSMAN. 

Si If the oWner appear within one year after said notice^ 
and prove his right, the finder shall restore the same or their 
value, deducting charges and reasonable compensation to the 
finder ; otherwise, such money or lost goods shall remain to 
the finder, after paying half their value, deducting charges, 
to the town treasurer ; if the finder neglect so to do, said 
treasurer may recovei 4 the same in an action, in the name of 
the town* lb. § 16, 17. 

4. If any finder of lost money or goods, of the value of 
three dollars or upwards, neglect to notify the town clerk, 
and cause the same to be cried and advertised, he shall for- 
feit the full value thereof, half to the town and half to the 
prosecutor, and be liable to the owner. lb. § 18. 

5. The form of the appraisal to be made on the warrant, 
as in section one may be as follows : 

The subscribers, appointed appraisers by the within war- 
rant, have carefully examined the property set forth therein, 

and do upon oath appraise the value to be dollars and 

— a*- cents, and no more. 

> Appraisers, 
t)ated at — — , aforesaid, the — — day of — , A. D< 18—, 



CHAPTER XCIII. 
BURYING GROUNDS. 



1. Towns may purchase land for bury- 

ing grounds. 

2. Towns to fence burying grounds. 

3. Neglect. 



4. Burying ground exempt from at- 

tachment and inalienable. 

5. Proprietors of burying grounds. 



1. All towns and plantations may raise* and cause to be 
assessed* money necessary for purchasing land for a burying 
ground, and suitably fencing it for such purpose. R< S. c. 
23, § 1. 

2. Each town or religious society or parish, to which any 



BURYING GROUNDS. 



287 



ancient or public burying ground belongs, shall keep a sub- 
stantial fence around it in good repair, and by neglecting so 
to do shall forfeit a sum not exceeding one hundred dollars, 
to be recovered on indictment, and the sum shall be laid out 
under the direction of the selectmen, in keeping the fences 
in repair. lb. § 5. 

3. If the selectmen of any town, or the treasurer or com- 
mittee of any parish, shall neglect so to apply the fines, they 
shall forfeit the amount thereof, to be recovered by action of 
debt, in the name of any person who shall sue therefor. lb. 
§6. 

4. When any person shall appropriate land for a burying 
ground, not more than one-half acre, the same shall be ex* 
empt from attachment and execution, and inalienable and in^. 
divisable by the owners, and shall be kept fenced and occu^ 
pied as a burying ground, unless the owners consent to an 
alienation and division ; and such proprietors shall cause a 
written description thereof under their hands, attested by two 
disinterested witnesses, to be recorded in the registry of deeds. 
lb, § 7. 

5. Persons of the age of twenty-one years and upwards, 
desirous of incorporating themselves to purchase land for a 
burying ground., may apply to a justice ,q£ the peace, wh$ 
shall issue his warrant to one of them, to notify them per^ 
sonally to appear at the time and place designated, to be 
served seven days before the meeting ; and they may then 
and there choose a clerk and other officers, and shall there- 
upon become a corporation, lb. § 3, 3, 



288 



MAINE TOWNSMAN, 



CHAPTER XCIV. 



AUCTIONEERS. 



1. Licenses by selectmen. 

2. To be recorded. 

3. Appeal to county commissioners. 



4. Several persons licensed. 

5. Sales by persons not licensed. 

6. Act of 1843. 



1. The selectmen of any town, and the assessors of any 
plantation, may license any suitable person of such town 
or plantation, by a writing under their hands, to be an auc- 
tioner within the same, for one year. R. S. c. 46, § 1. 

2. Such selectmen or assessors shall record every license 
they shall so grant, in a book kept by them forthe purpose. lb. 

3. If such selectmen or assessors shall unreasonably neg- 
lect or refuse, after application made to them in writing, by 
any applicant, he may, after ten days' notice in writing to 
such selectmen or assessors, apply to the county commission- 
ers, who may, if they judge it reasonable, grant such license ; 
provided, such applicant give bond to the selectmen or asses- 
sors to pay all costs arising in consequence of such applica- 
cation. lb. § 3. 

4. Such selectmen or assessors may license several per- 
sons as auctioneers, if necessary. lb. § 7. 

5. If any person, not being licensed, shall sell any lands, 
goods or chattels at auction, he shall forfeit not exceeding 
six hundred dollars, to be recovered on indictment, or action 
of debt, for the use of the prosecutor. lb. § 8. 

6. The selectmen of any town, and the assessors of any 
plantation may license any suitable inhabitant of the county 
to be an auctioneer within their respective towns, for one 
year. Act of 1843, 



LIBRARIES. 289 



CHAPTER XCV. 
LIBRARIES. 



E. Incorporation of proprietors. 

2. Proprietors may choose officers* 

3. Name. Privileges. 



4. Form of application. 

5. Form of warrant. 

6. Form of notice. 



1. Any seven persons or more, in any town or plantation, 
may form themselves into a society for holding and using 
any library ; and any five of them may apply to a justice of 
the peace, in writing, to call a meeting of such proprietors, 
by issuing his warrant therefor, directed to one of them, at 
the time and place stated ; and said person shall notify said 
meeting by posting the purport of the warrant in some pub- 
lic place in the town, or by giving personal notice to each 
of the proprietors, seven days before the meeting. R. S. c» 
84, § 1. 

2. At such meeting, any seven or more of the proprie- 
tors may choose officers, raise money and establish by-laws, 
lb. § 2. 

3. Such proprietors, so incorporated, shall be called by the 
name of " the proprietors of the social library in the town or 

plantation of ," and by that name may sue and be sued. 

lb. § 5. 

4. The form of application, as in section one, may be as 
follows : 

To A. B., Esquire, one of the Justices of the Peace, in and 
for said county of . 

The subscribers, five of the proprietors of a library known 

by the name of , request you to issue a warrant to , 

one of said proprietors, directing him to call a meeting of 
said proprietors for the following objects, to wit, [here state 
the objects.] E. F., and the other applicants. 

5. The form of warrant may be as follows : 

State of Maine. 
ss. To W. S., of , in said county, one of the 



290 



MAINE TOWNSMAN, 



proprietors of a library called and known by the name of 
. Greeting. 

Whereas, E. F. and , five of said proprietors of the 

said library, have applied to me, , Esquire, one of the 

justices of the peace within and for said county, requesting 

me to issue a warrant to you, the said , directing you to 

call a meeting of said proprietors, for the following objects, 
to wit : [here state the objects.] You are hereby required to 
notify and warn a meeting of said proprietors, according to 

law, to be held at , of , in said town, on the 

day of next, for the purposes aforesaid. And have you 

there this warrant with your doings therein. 

Dated at — « — aforesaid, the day of , 18 — . 

A. B., Justice of the Peace, 

6. The form of notice may be as follows : 

The proprietors of the Library in the town of , 

are hereby notified to meet at the time and place and for the 
purposes above mentioned. W. S. 



CHAPTER XCVI. 
HAWKERS AND PEDLERS. 



1. Who may be pedlers, penalty. 

2. Any citizens may vend certain arti- 

cles. Power of Justices. 

3. Pedlers, on what terms, and by 

whom licensed. 



4. Pedlers to exhibit license. 

5. Penalty. 

6. Pedling goods not manufactured in 

Maine. 



1. No citizen shall be a hawker or pedler, unless he has 
been five years a citizen of the United States, under a for- 
feiture of not less than twenty dollars nor more than fifty 
dollars, and all the articles by him offered for sale. Act of 
1846. 

2. Any person of this State may vend any fish, fruit, or 
provisions, or farming utensils, or other articles raised or 
manufactured in this State, playing cards, intoxicating liquors 



HAWKEllS AND PEDLERS 291 

and jewelry excepted. lb. § 9. Any justice of the peace, 
on complaint, may cause the arrest of the party accused, and 
the seizure of the goods. lb. § 2. 

3. The county commissioners may license any person to 
vend, as hawkers or pedlers, for one year, on satisfactory 
proof that he is of good moral character, that he has been 
five years a citizen of the United States, and that he has 
resided in some city, town or plantation in the county where 
he shall apply for license for the term of one year next pre- 
ceding such application, and on paying a tax as follows : A 
foot person $10 ; a person with a carriage drawn by one ani- 
mal $15 ; if drawn by two animals $20; if conveyed by 
boat $10. Not allowed to sell goods, the property of per- 
sons not five years resident, under the penalties provided in 
the first section. lb. § 3, 4. 

4. Any person who travels as aforesaid, shall exhibit his 
license, when required by any justice of the peace, or con- 
stable. If prosecuted, after such refusal, the production of 
the license at the trial shall not avail in the defence. The 
person refusing shall forfeit a sum not exceeding double the 
amount required for his license. lb. § 6. 

5. Any person who shall transgress any of the provisions 
of the third section, shall forfeit double the amount which 
he was required to pay for his license, to be recovered by 
action of debt in the county where the offence was commit- 
ted, lb. § 5. 

6. Any person who shall travel from town to town, wheth- 
er on foot, or by public or private conveyance, for the pur- 
pose of vending any goods, not manufactured in this State, 
shall be subject to all the requirements and provisions, and 
liable to all the penalties and forfeitures, contained in the Act 
of 1846, although such person may have, for the time being, 
an established place of business in such towns or places, 
unless he shall continue to occupy such place of business 
more than four weeks successivelv in each town or place. 
Act of 1848. 



292 



MAINE TOWNSMAN 



CHAPTER XCVII. 



PROPERTY EXEMPTED FROM ATTACHMENT AND EXECUTION. 



1. Wearing apparel, beds, &c. 

2. Tools. 

3. Books. 

4. Stoves. 

5. Stock and hay. 

6. Produce. 

7. Pew. 

8. Potatoes. 

9. Firewood. 
10. Boat. 



11. Plough, harrow, &c. 

12. Hay and stock. 

13. Ox yoke, chains, and ox sled. 

14. Oxen, steers or bulls. 

15. Horses in lieu of oxen. 

16. Flour and lumber. 

17. Lot of land, worth $500. 

18. Rights of widows and minors. 

19. Mechanics' liens. 

20. Certificate. 

21. When lot is worth over $500. 



The following goods and property shall be exempted from 
attachment and execution, viz : 

1. The debtor's wearing apparel, beds, bedsteads, bedding 
and household utensils, necessary for himself, his wife, and 
children. The beds and bedding shall not exceed one bed, 
bedstead and bedding for every two persons, nor the other 
furniture, fifty dollars. 

2. The tools of any debtor, necessary for his trade or oc- 
cupation. 

3. All Bibles and school books in actual use in the family, 
and one copy of the statutes of the State. 

4. All cast iron and sheet iron stoves, used exclusively for 
warming buildings. 

5. One cow and one heifer, till she shall become three 
years old ; two swine, one of which shall not weigh more 
than one hundred pounds ; if he owns two swine, each 
weighing more than one hundred pounds, he may elect the 
cow or the heifer, or either of the swine to be exempted ; ten 
sheep and their wool, and three thousand pounds of hay for 
said cow, and two tons of hay for said sheep, and sufficient 
for said heifer. 

6. All produce of farms, while standing and growing, un- 
til harvested, and corn and grain necessary and sufficient for 
the sustenance of the debtor and his family, not exceeding 
thirty bushels. 



PROPERTY EXEMPTED FROM ATTACHMENT, &C. 293 

7. All the debtor's interest in one pew, in any meeting 
house, where he and his family statedly worship. 

8. All potatoes raised or purchased for himself and his 
family. 

9. All firewood, conveyed to the debtor's house for the 
use of himself and family, not exceeding twelve cords. 

10. One boat not exceeding two tons burthen, employed in 
fishing. 

11. One plough of the value of ten dollars ; one cart of 
the value of twenty-five dollars ; one harrow of the value of 
five dollars ; one cooking stove of the value of thirty-five 
dollars ; and not exceeding five tons of anthracite, and fifty 
bushels of bituminous coal. 

12 e One pair of bulls, steers or oxen, raised by the owner 
from his own cows, or purchased by him, before they were 
one year old, or by him at any time obtained by exchange 
of said bulls, steers, or oxen, for others of the same age, 
with hay sufficient to winter them. E. S. c. 114, § 38. 

13. One ox yoke, with bows, ring and staple, suitable 
therefor, all of the value of three dollars ; two chains, each 
of the value of three dollars ; and one ox sled of the value 
of ten dollars. Act of July, 1847. . 

14. Any person who may raise, purchase or become own- 
er of one pair of oxen, steers or bulls, is allowed to keep 
the said cattle, exempt from attachment, the same as though 
he raised them. Act of Aug. 2, 1847. 

15. Any person may keep one or two horses, instead of 
oxen, exempt from attachment, provided the said horse or 
horses shall not exceed in all, the value of one hundred dol- 
lars, lb. 

16. One barrel of flour and ten dollars worth of lumber, 
wood or bark, the property of any debtor, shall be exempt 
from attachment and execution. Act of Aug. 14, 1847. 

17. A lot of land, dwellinghouse and out buildings there- 
on, or so much thereof as shall not exceed in value the sum 
of five hundred dollars, the property of a householder in 
actual possession thereof, is exempt from seizure or levy 
upon any execution issued on a judgment recovered for any 
debt contracted after the first day of January, 1850. Act 
of 1850 § 1. 

18. The widow and minor children of any person de- 
ceased, who held property exempted as in the preceding sec* 



294 MAINE TOWNSMAN. 

tion, may continue to hold the exempted premises during the 
minority of such children, or while said widow remains un- 
married ; and the exempted property shall not be sold during 
such minority, or while said widow remains unmarried, for 
the payment of any debt mentioned in the above section, 
lb. § 2. 

19. Exemptions under the provisions of this act shall not 
operate to defeat the liens of mechanics, created by section 
thirty -seven, chapter one hundred and twenty-five of the re- 
vised statutes. lb. § 3. 

20. The head of any family or any householder, wishing 
to avail himself of the benefits of this act, may file a certi- 
cate by him signed, declaring such wish, and describing the 
property, with the register of deeds in the county where the 
same is situate ; and, upon receiving the fees now allowed 
for recording deeds, such register shall record the same in a 
book by him kept for that purpose ; and so much of the prop- 
erty in said certificate described, as does not exceed the value 
aforesaid, shall be forever exempt from seizure or levy on 
any execution issued on a judgment recovered for any debt, 
contracted by the person signing such certificate, after the 
date of the recording. lb. § 4. 

2L When property, so exempted^ is claimed by a creditor 
to be of greater value than five hundred dollars, it may be 
seized on execution, and the appraisers shall first set off such 
part of the property as the debtor may select, and if he 
neglects so to do, the officer may select for him to the value 
of five hundred dollars, by metes and bounds ; and shall 
then appraise and set off to the creditor, in manner now pre- 
scribed by law, the remainder, or so much thereof as may 
be necessary to satisfy such execution. lb, § 5. 



CULTURE OF SiLK = 



295 



CHAPTER XCVIII. 



CULTURE OF SILK. 



1. BoiiBty of cocoons. 

2. Bounty on silk. 



3. Proof to town treasurer. 

4. State to refund. 



1. A bounty of five cents for every pound of cocoons 
raised in this State, shall be paid from the treasury of the 
town in which they were raised. R. S. c. 68, § 1. 

2. A bounty of fifty cents for every pound of silk, reeled 
from cocoons raised in this State, shall be so paid, to the per- 
son reeling the same* lb. § 2. 

3. The treasurer of such town must be furnished with 
satisfactory proof, that such cocoons were raised, or reeled in 
such town, by the applicant ; and the person applying for 
either of such bounties, shall make oath that no bounty had 
been received by any person for the cocoons or silk, so pre- 
sented for a bounty. lb. § 3. 

4. Every town treasurer shall keep an account of the 
money paid, and present the same, verified by his oath, to 
the legislature. lb. § 4* 



CHAPTER XCIX. 
RIGHTS OF MARRIED WOMEN. 



1. Power to contract, when. 

2. Control of her own estate* 

3. May sue and be sued. 

4. Further power over her own estate. 



5. Held for her husband's debts, when. 

6. Power to use her own name, when. 

7. Judgment, in whose name. 

8. Property of a married intestate. 



1. The Supreme Judicial Court, on application of any mar- 
ried woman, whose husband has absented himself from the 



296 MAINE TOWNSMAN. 

State, abandoning her, and not making sufficient proviston 
for her maintenance, may empower her, during his absence, 
and till his return, in her own name, to- make and execute 
any contract. R. S. c. 87, § 22. 

2. She may also be so authorized to make sale of any es- 
tate, real or personal, of which she is possessed in her own 
right. lb. § 23. 

3. She may also sue and be sued, as if she were unmar- 
ried. lb. § 24. 

4. Any married woman may become possessed of any 
property, real or personal, by direct bequest, demise, gift, 
purchase or distribution, in her own name, and as of her 
own property, exempt from the debts or contracts of her hus- 
band. Act of 1847, § 1. 

5. But if it shall appear that the property so possessed, 
being purchased after marriage, was purchased with the 
property of the husband, or that the same, being the proper- 
ty of the husband, was conveyed by him to the wife direct- 
ly or indirectly, without adequate consideration, and so that 
the creditors of the husband might thereby be defrauded, the 
same shall be held for the payment of the prior contracted 
debts of the husband. lb. § 2. 

6. Any married woman, who is possessed of property, 
real or personal, as above provided, shall be entitled to the ap- 
propriate remedies, as authorized by law in other cases, to 
enforce and protect her rights thereto ; and she may com- 
mence, prosecute or defend any suit, in her own name, in 
the same manner as if she were unmarried, or she may pros- 
ecute or defend such suit jointly with her husband. And 
she is to make any bond or contract, or to do any thing, 
which may be necessary to the prosecution or defence of 
any such suit ; but no arrest of the person of any married 
woman shall be authorized under any execution, which may 
be recovered against her. Act of 1848, § 1. 

7. In all such suits, where the wife shall prosecute and 
defend in her own name, judgment shall be rendered and 
execution issued and enforced by or against her, in the same 
manner as if judgment had been rendered for or against her 
before her marriage, lb. § 2. 

8. When any married woman shall die intestate, seized or 
possessed of any property, real or personal, in her own name, 
exempt from the debts or contracts of her husband, the same 



RIGHTS OF MECHANICS. 297 

shall descend or be distributed to heirs ; but any married 
woman may, by will duly executed, devise and bequeath 
any property of which she is, or may be hereafter so seized 
or possessed. lb. § 3. 



CHAPTER C. 

RIGHTS OF MECHANICS. 



1. Lien on buildings for work, &x. 

2. Lien extended, when. 

2. Lien on vessels for work, &c. 
4. Action on lien. 



5. Same subject. 

6. Lien on lumber, 

7. How secured. 

8. Legal day's work. 



1. Any person who shall perform labor or furnish materi- 
als for erecting, altering, or repairing any house or other 
building, or furnish labor or materials for the above purposes 
by virtue of any contract with the owner thereof, shall have 
a lien to secure the payment of the same, upon such house 
or other building, and the lot of land on which the same 
stands, and upon the right of redeeming the same when 
under mortgage ; and such lien shall continue in force for 
the space of ninety days from the time when such payment 
becomes due, notwithstanding the decease of any such debtor 
and the representation of his estate as insolvent. R. S. c. 
125, § 37, as amended by Act of 1850. 

2. In case of the death of any person owing a debt se- 
cured by such lien within the ninety days, and before the 
commencement of an action, then a further time of sixty 
days from and after an appointment of an administrator or 
executor, and notice thereof given, shall be allowed in which 
to commence said action, and said lien shall continue in 
force during said sixty days. Act of 1850. 

3. Any person performing labor on, or furnishing materi- 
als for or on account of any vessel building or standing on 
the stocks, or under repairs after having been launched, has 
a lien on such vessel, until four days after the vessel is 
launched, or the repairs afterwards have been completed. 
R. S. c. 125, § 35. 

4. When any action shall be commenced to enforce the 

26 



298 MAINE TOWNSMAN. 

lien of a creditor upon a vessel for labor, or materials, the 
officer making the first attachment in such case, shall give 
notice thereof by filing a return of such attachment within 
twenty-four hours after making the same, with the clerk of 
the town where such vessel shall be, and leaving a copy there- 
of with any one of the owners or of the master workmen 
upon such vessel ; and it shall not be necessary, at any time 
before the launching of a vessel, to place a keeper on board 
of the same for the purpose of preserving the attachment 
made to secure any such lien. Act of 1848, § 1. 

5. No satisfaction shall be made upon any execution that 
may issue in any of the actions aforesaid, until after final 
judgment has been entered in all of said actions ; and said 
attachment shall be preserved until the expiration of thirty 
days after such final judgment ; and the officer holding 
the executions issued upon such judgments for service, 
shall, after final judgment in all of said actions, divide and 
pay over the proceeds in his hands arising from such attach- 
ment to the several judgment creditors aforesaid, in propor- 
tion to the amounts of the judgments recovered by them res- 
pectively, and not otherwise. lb. § 4. 

6. Any person who shall labor at cutting, hauling or driv- 
ing logs, masts, spars or other lumber, shall have a lien on 
all such logs and lumber for the amount stipulated to be paid 
for his personal services, and actually due. And such lien 
shall take precedence of all other claims, except liens reserved 
by the State of Maine or the commonwealth of Massachu- 
chusetts for their own use ; and the lien shall continue sixty 
days after the logs, or other lumber, shall have arrived at 
their place of destination, previous to being rafted for sale 
or manufacture. Act of Aug. 10, 1848. 

7. Any person having a lien as aforesaid may secure the 
same by attachment, and the officer attaching the logs, masts, 
spars or other lumber, may pay to any boom corporation the toll 
which may be due thereon, and make return of the amount 
so paid on the writ, and such amount shall be added by the 
court to the judgment which the plaintiff may recover in the 
suit on which the same were attached, and the officer paying 
such boomage shall not be required to pay any larger sum 
on such logs, masts, spars or lumber, than the rate per thous- 
and due on the same. lb. 

S. In all contracts for labor, ten hours of actual labor is a 



CHILDREN IN FACTORIES. 



299 



legal day's work ; and no person shall be required or holden 
to perform more than ten hours labor in any one day, except 
in pursuance of an express contract requiring a greater length 
of time ; but these provisions do not apply to monthly labor 
or agricultural employments. lb. 



CHAPTER CI* 



CHILDREN IN FACTORIES. 



1. Children must attend schools, when. 

2. Same subject. 

3. Certificate to be made. 



4. Power of school committees. 

5. Ten hours a day's work. 



1. No child under the age of fifteen years, and over 
twelve years, shall be employed to labor in any cotton or 
woolen manufacturing establishment, unless such child shall 
have attended some public or private day school, at least 
three months of the twelve months next preceding any and 
every year in which such child shall be so employed. Act of 
1847, § 1. 

2. No child, under the age of twelve years, shall be so 
employed, unless such child shall have attended some pub- 
lic or private day school, at least four months of the twelve 
months next preceding any and every year in which such 
child shall be so employed. lb. § 2. 

3. The owner,agents,or superintendent of any such establish- 
ment, who shall employ any child under fifteen years of age, 
without first having deposited with the clerk or agent thereof 
a certificate from a teacher duly qualified, and under oath, 
certifying that such child has attended school under his or 
her charge, as is provided above, shall forfeit the sum of 
fifty dollars for each offence, to be recovered by indictment 
in any court competent to try the same, one half to the com- 
plainant, and the other half to the town where the offence 
was committed, for the use and benefit of the public schools, 
to be apportioned among the several districts as other school 
money is apportioned. lb. § 3. 



300 MAINE TOWNSMAN. 

4. The superintending school committees may inquire into 
any violation of this act, and make report of the same to 
the county attorneys of the several counties ; and it shall be 
their duty, as soon as may be after the reception of said re- 
port, to prosecute for such violations. lb. § 4. 

5. No minor under the age of sixteen years shall be em- 
ployed in any labor for any manufacturing or other corpora- 
tion for more than ten hours in any one day ; and if any man- 
ufacturer, or agent, or other officer of any corporation, shall 
employ any such minor in violation of this provision, he or 
they shall be punished by a fine not exceeding one hundred 
dollars ; and all fines and forfeitures so accruing shall be 
paid, one half to the city, town or plantation, where the 
offence is committed, the other half to the person so held to 
labor, or to the parent or guardian, on complain to any court 
competent to try the same. Act of Aug. 10, 1848, § 2. 



TITLE IX. 



DUTIES REQUIRED OF TOWN OFFICERS. 

Chapter 102. Jurors. 

Chapter 103. Constables, 

Chapter 104. Special duties of town clerks. 

Chapter 105. Births, deaths, marriages. 

Chapter 106. Inspectors of leather. 

Chapter 107. Inspectors of fish. 

Chapter 108. Surveyors of lumber* 

Chapter 109. Measurers of wood. 

Chapter 110. Sealers of weights and measures. 

Chapter 111. Fisheries. 

Chapter 112* Weighers of beef. 



CHAPTER CII. 



JURORS. 



1. Lists of jurors. 

2. Lists prepared. 

3. Persons exempted, 

4. Jury box. 

5. Number of jurors. 

6. Names taken out. 

7. Notice to draw jurors. 

8. Form of notice. 

9. Notice, where posted. 

10. Form of return of notice. 

11. Drawing jurors. 



12. Same subject. 

13. Date of draft, endorsed, 

14. Constables to notify jurors. 

15. Return of constable. 

16. To make reasonable return. 

17. Form of return. 

18. Renewal of tickets. 

19. Neglect of officers. 

20. Neglect of jurors. 

21. Fraud. 

22. Jurors' fees. 



1. The selectmen of each town, together with the clerk 
and treasurer of each town, shall constitute a board for pre- 
paring lists of jurors to be laid before such town, for their 
approval ; and the said town shall have power, by a majori- 
ty of the legal voters in legal town meeting assembled, to 
make alterations in such lists, by striking out such names 
therefrom, as they may think proper to erase ; but shall not 



302 MAINE TOWNSMAN. 

be allowed to insert any other names therein. B,. S. c. 135, 

2. Such board shall, once at least in every three years, 
prepare a list of such persons, under the age of seventy years, 
in such town, as they shall judge best qualified to serve as 
jurors, being persons of good moral character, and qualified 
as the constitution directs to vote in the choice of represen- 
tatives, lb. § 2. 

3. The following persons shall be exempted from serving 
as jurors, and their names shall not be placed on the said 
lists, to wit : the governor, counsellors, judges and clerks of 
the common law courts, secretary and treasurer of the State, 
all officers of the United States, judges and registers of pro- 
bate, registers of deeds, settled ministers of the gospel, offi- 
cers of colleges, preceptors of incorporated academies, phy- 
sicians and surgeons regularly authorized, cashiers of incor- 
porated banks, sheriffs and their deputies, coroners, coun- 
selors and attorneys at law, county commissioners, consta- 
bles and constant ferrymen. lb. § 3. 

4. The said board, after the list of jurors shall have been 
approved by the town, having written their names upon tick- 
ets, shall place them in the jury box ; and the same shall be 
held and kept by the town clerk ; and the persons whose 
names shall be contained in the box shall be liable to be 
drawn and serve on any jury, at any court for which they 
may be drawn, once in every three years, and not oftener. 
Ib. § 4. 

5. The number required to be kept in the jury box, by 
each town, shall not be less than one, and not more than two, 
for every hundred persons in such town, according to the last 
census. Ib. § 5. 

6. If any person, whose name shall be in the box, shall 
be convicted of any scandalous crime, or be guilty of any 
gross immorality, his name shall be withdrawn from the box 
by the board. Ib. § 6. 

7. On the receipt of each venire, each constable shall notify 
the freeholders and other inhabitants of the town qualified to 
vote for representatives, in the manner annual town meetings 
are notified, and especially the selectmen and town clerk, to 
be present at the draft and selection of the jurors called for ; 
which meeting shall be six days before the sitting of the court 
to which the venire is returnable. Ib, § 14. 



jurors. 303 

8. The form of notice may be as follows : 

In the name of the State of Maine, I hereby notify the 
freeholders, and other inhabitants of the town of , quali- 
fied to vote in the election of representatives, to assemble 

and be present at , on the day of at — o'clock 

in the noon, for the draft and selection of grand 

jurors, and traverse jurors, to serve at the next court of 

, on the day of , agreeably to a writ of venire, 

from the clerk of said court, to me directed. 

Dated, 

Constable of 



9. The constable shall post the warrant in some public and 
conspicuous place in said town, and afterwards preserve the 
same ; and give reasonable notice to the selectmen and town 
clerk. 

10. The form of return may be as follows : 

This certifies that on the day of , I posted the 

within notice at : ,and on the same day notified , the 

selectmen, and , town clerk, to attend at the time and 

place, and for the purpose within mentioned. 

Constable of . 

11. At such meeting, the town clerk, or in his absence, 
one of the selectmen, shall carry into the meeting the jury 
box, containing the names of the persons approved as afore- 
said ; the box shall be unlocked in the meeting, and the 
tickets mixed by the major part of the selectmen present ; 
and one of the selectmen shall draw out as many tickets as 
there shall be jurors required ; and the persons whose names 
are drawn shall be returned as jurors, unless from sickness, 
absence beyond sea, without the limits, or in different 
parts of the State, they shall be considered by the town as 
unable to attend the court for which they are drafted, or 
had served on a jury within three years from that day. lb. 
§ 15. 

12. In either of the above cases, or in case a person is 
drawn who may be appointed to an office which exempts him 
from serving as a juror, others shall be drawn in his stead ; 
but any person being thus excused, or who shall be returned, 



304 MAINE TOWNSMAN. 

and shall not attend court, or shall, when appearing there, be 
excused, shall not be excused on another draft, should it hap- 
pen within the term of three years, notwithstanding the min- 
ute made on his ticket; and whenever it shall happen that 
all those persons whose names are in the box of any town, 
shall have served on the jury within three years, or shall not 
be liable to serve, the selectmen shall draw out of the box 
such number of men as may be required, provided, they 
have not served as jurors within eighteen months ; and in 
such case, the clerk shall certify on the venire, that all per- 
sons whose names are contained in the jury box, have served 
upon the jury within three years, or that they are not liable 
to be returned. lb. § 16. 

13. When a juror has been drawn, and not excused by 
the town, the selectmen, who drew his ticket, shall indorse 
thereon the date of the draft, and return the same into the 
box. lb. § 17. 

14. The constable shall notify the persons thus drawn to 
serve as jurors, four days at least before the sitting of the 
court, by reading the venire and indorsement thereon to 
them, or leaving at their usual place of abode a written noti- 
fication of their having been drawn, and also of the time and 
place of the sitting of the court where they are to attend, 
lb. § 18. 

15. The form of notice may be as follows : 
To , of . 

You are hereby notified that you have been drawn as a 
grand juror, [or a traverse juror, as the case may be,] from 

the town of , and you are to attend at the court, 

for the county of — , on , at o'clock in the 

noon. Fail not, at ybur peril. 

Dated. 

Constable of . 

16. The constable shall make a reasonable return of the 
venire, with his doings thereon. lb. § 19. 

17. The form of return may be as follows : 

j une s 18 — . This certifies that by virtue of the with- 
in venire, I notified the freeholders, and other inhabitants of 
the town of , qualified to vote in the election of repre- 
sentatives, to assemble and be present on the day of 



jurors. 305 

, at o'clock in the noon, at the draft and se- 
lection of persons to serve as jurors at the court 

next to be holden at - , in the county of , and that 

were drawn out of the jury box, as the law directs, to 

serve as jurors at said court , and that I notified the 

said* on the day of , severally of their draft 

and selection, and of the place, day, and hour, at which they 
must attend. 
Dated. 

Constable of . 

18. Whenever there is a renewal or exchange of any of 
the tickets in the box for others of the same persons, the 
selectmen shall transfer from the backs of the old tickets, to 
the new ones, the minutes of such drafts as had been made 
within the three preceding years. lb. § 20. 

19. If the selectmen or town clerk of any town shall neg- 
lect to perform the duties required of him or them, so that 
the jurors shall not be returned, such selectmen and town 
clerk shall be fined not less than ten dollars nor more 
than fifty dollars each ; and the constable for neglect shall be 
fined twenty dollars ; and any town, for neglect, shall be 
fined one hundred dollars for the use of the county, to be re- 
covered by the treasurer thereof. lb. § 21, 22, 23. 

20. Any juror not being an inhabitant of Portland, who 
after being notified and returned, shall unnecessarily fail in 
his attendance, shall be fined as for contempt, not exceeding 
twenty dollars ; and any juror who is an inhabitant of Port- 
land, who shall so fail to attend, shall be fined forty dollars. 
lb. § 25, 26. 

21. Any town clerk- or selectman who shall be guilty of 
any fraud in practicing on the box previous to the draft, or 
in the drawing a juror, or returning the name of a juror into 
the box which had been fairly drawn, and drawing another 
in his stead, or in any other mode, shall be fined not exceed- 
ing two hundred dollars, half to the State and the other to 
the prosecutor. lb. § 28. 

22. The grand jurors and the jurors for trials, attending at 
the supreme judicial court, or district court, shall each be 
allowed one dollar and fifty cents per day for their atten- 
dance, and six cents a mile for their travel out and home, to 
be paid out of the county treasury ; and jurors attending be- 



306 



MAINE TOWNSMAN. 



fore a sheriff or on any other occasion prescribed by law, 
shall be allowed a like compensation. lb. § 10, as amend- 
ed by Act of 1850. 



CHAPTER CIII. 



CONSTABLES. 



1. Office of constable. 

2. He may serve precepts. 

3. He must give bond. 

4. Form of bond. 

5. Form of approval of bond. 

6. Misdoings of constable. 

7. Constable may remove prisoners. 

8. Constable not to act as attorney. 

9. Neglect of constable to pay over 

money. 



10. Affray. Duty of constable. 

11. Fees of constable. 

12. Coroner's warrant to constable. 

13. Constable's bonds, in plantations. 

14. Power to execute warrants. 

15. Duty of constables. 

16. Liability for official abuse. 

17. Oath to complaints. 



1. The office of constable is either ministerial in obeying 
warrants or other precepts ; or it is original as a conservator 
of the peace at common law. 

2. Any constable is hereby authorized to serve upon any 
person in the town to which he belongs any writ or precept 
in any personal action, where the damage sued for and de- 
manded shall not exceed one hundred dollars, including all 
precepts in which the town in which he may reside is a par- 
ty, or interested ; and he shall make due return thereof, ac- 
cording to the mandate thereof. B,. S. c. 104. § 34. 

3. Every constable, before he shall serve any writ or exe- 
cution, shall give bond to the inhabitants of his town in the 
sum of five hundred dollars, with two sureties, sufficient in 
the opinion of the selectmen of the town, who shall indorse 
their approval upon said bond, and in their own hands, for 
the faithful performance of the duties of his office, as to all 
processes by him served, or executed ; and for every process 
he shall serve before giving such bond he shall forfeit and 
pay not less than twenty dollars nor more than fifty dollars, 
to the use of the prosecutor. lb. § 35. 

4. The form of constable's bond is as follows : 



Know all men by these presents, that we 



of , 



CONSTABLES. 3Q7 

in the county of , as principal, and of said town, 

as sureties, are held and firmly bound to the inhabitants of 

the town of , in the sum of five hundred dollars ; to 

which payment, well and truly to be made, we bind our- 
selves, our heirs, executors, and administrators by these pres- 
ents. 

Witness our hands and seals, this day of , 185- . 

The condition of this obligation is such, that whereas said 

has been chosen a constable for said town for the year 

. Now, if said shall well and faithfully per- 
form all the duties of his said office, as to all processes by 
him served or executed, then this obligation to be void, other- 
wise to remain in full force. 

fSeal 
Seal. 
Seal 
Signed, sealed and delivered \ 
in presence of J 

5. The form of endorsement of approval may be as fol- 
lows : 

This certifies that , the sureties named in the within 

bond, are, in our opinion, sufficient, 
Dated. 

]• Selectmen of . 

) 

6. All persons suffering by the faults or misdoings of any 
constable, shall have a remedy on his bond. lb. § 36. 

7. Every constable shall have authority to convey any 
prisoner or things in his custody, to the justice who issued 
the precept, or the county jail, or county house of correc- 
tion, lb. § 37. 

8. No constable shall act as attorney in an}^suit, nor draw 
any process or plea for any person. lb. § 38. 

9. Any constable who shall unreasonably refuse or neglect 
to pay to any person any money received by him upon exe- 
cution shall, upon demand therefor, pay five times the lawful 
interest of such money, so long as he shall detain it. Act 
of 1841. 

10. When an affray takes place in the presence of a con- 



308 MAINE TOWNSMAN. 

stable, he may either keep the party in custody until it is 
over, or carry him immediately before a magistrate. Davis' 
Justice, 38. 

11. The fees of constables for the service, travel and re- 
turn of each venire shall be one dollar and fifty cents, to be 
paid out of the county treasury ; and for services which may 
be performed by a deputy sheriff or constable, the constable 
shall be allowed the same fees as a deputy sheriff, unless 
otherwise provided. B,. S. c. 151, § 7. 

12. The constable to whom any warrant of a coroner 
shall be directed and delivered, shall forthwith execute the 
same, and repair to the place where the dead body is, at 
the time appointed, and make return of the warrant, with his 
doings, to the coroner who granted it, or he shall forfeit ten 
dollars. lb. c. 176, § 3. 

, 13. The constables' bonds in plantations, may be approved 
by the assessors of any plantation organized for the purposes 
of elections, and the bonds may be made, executed and de- 
livered to the clerks of such plantations in the same manner 
as to the treasurer of towns, and shall be deposited with said 
clerks for the same purposes as bonds given by constables 
residing in towns are deposited with the treasurers of said 
towns. Act of Aug. 24, 1850. 

14. A warrant duly issued by a justice of the peace, for 
any offence, or by any municipal or police court, may be 
executed by any constable of any city or town in the same 
county, to whom it may be directed. Act of July 14, 1848. 

15. It shall be the duty of every sheriff, deputy sheriff, 
constable, city marshal and his deputies, watchman, and po- 
lice officer, in any city, town or plantation to arrest and detain, 
until a legal warrant for his apprehension can be obtained, 
every person found violating any law of the State, or any legal 
ordinance er by-law of such city or town ; and the officer serv- 
ing such warrant shall be entitled to legal fees for an arrest, 
any law to the contrary notwithstanding. Act Ang. 10, 1848. 

16. If any officer, in the exercise of his power, shall act 
wantonly, or oppressively, or shall detain any offender without 
warrant longer than such time as may be reasonably neces- 
sary to procure a legal warrant, such officer shall be liable 
to pay all such damages as the person detained shall suffer 
thereby. lb. 

17. Whenever it shall be the dutv of anv officer to make 



SPECIAL DUTIES OF TOWN CLERKS. 



309 



oath to any complaint before any magistrate, it shall be suffi- 
cient for him to swear that the facts set forth in the com- 
plaint are true according to his knowledge and belief. lb. 



CHAPTER CIV. 



SPECIAL DUTIES OF TOWN CLERKS. 



1. Deeds of pews to be recorded. 

2. Proprietors records to be recorded. 

3. Attachments to be recorded. 

4. Mortgages of personal property, to 

be recorded. 



5. Executions. 

6. Fees of town clerks. 

7. Record to be signed. 

8. Form of a record for town meeting, 



1. All deeds of pews, and executions extended on pews in 
meeting houses, may be recorded by the town or plantation 
clerk, where situated, and shall have the same effect as if 
recorded in the registry of deeds. R,. 3. c. 91, § 29. 

2. After a final division of the common property of the 
proprietors of real estate in common, they shall cause their 
records to be deposited in the office of the clerk of the town ; 
and such town clerk may record votes, and certify copies of 
such records. lb. c. 85, § 18. 

3. When an attachment is made of any personal property 
which cannot be immediately removed, the officer may, with- 
in five days thereafter, file in the office of the clerk of the 
town an attested copy of the return on the writ relating to 
such attachment, together with the names of the parties, the 
sums sued for, the date of the writ, and the court to which it 
is returnable ; and such attachment shall be as valid as if the 
property had remained in the custody of the officer ; and the 
clerk shall receive such copy, and note thereon the time of 
his receiving it, and also record the same in a book kept for 
the purpose, for which he shall be entitled to ten cents. lb. 
c. 114, § 39,40. 

4. No mortgage of personal property, where the debt 
thereby secured exceeds thirty dollars, shall be valid against 
any other person than the parties thereto, unless possession 
of the mortgaged property be delivered to and retained bv 

27 



310 MAINE TOWNSMAN. 

the mortgagee ; and unless the mortgage shall be recorded 
by the clerk of the town where the mortgager' resides. lb. 
c. 125. § 32. The clerk, on payment of his fees, shall record 
all such mortgages in a book kept for the purpose, noting in 
the book, and on the mortgage, when the same was received ; 
it shall be considered as recorded when left as aforesaid with 
the clerk. His fees shall be the same as are allowed for 
like services to registers of deeds. lb. § 33. 

5. Any contract of bottomry, respondentia, sale, or hy- 
pothecation of ships or goods abroad, need not be so record- 
ed, if the mortgagee take possession of such goods imme- 
diately after their arrival. lb. § 34. 

6. Fees of town clerks. For publishing the banns of mat- 
rimony, recording the same, giving certificate of the pub- 
lishment and recording the marriage, fifty cents ; to be paid 
on issuing a certificate of the publishment. 

For recording births and deaths, eight cents each. 
For a certificate of a birth or death, ten cents. lb. c. 151, 
§20. 

7. Every record made by a town clerk, should state all 
the proceedings fully and truly, and should be signed by him, 
and attested thus : 

A true copy, attest. A. B., Town clerk of . 

8. The form of a record of a town meeting : 

The town clerk should first record the warrant and return 
thereof, and attest the same : 

Attest. A. B„ Town el rk of -. 

He should then record the proceedings of the meeting, as 
follows : At a legal town meeting, duly notified and holden 

at , in the county of , the day of , the 

legal voters of said town, by major vote and by ballot, chose 
, moderator, who being present, was duly sworn : 

Chose , town clerk, who, being present, was duly 

sworn. 

Chose, [here insert all the town officers chosen by ballot, 
or otherwise.] 



BIRTHS, DEATHS, MARRTAflES. 



311 



CHAPTER CV. 



BIRTHS, HEATHS, MARRIAGES. 



1. Record of births and deaths. 

2. Duty of parents and others. 

3. Neglect of duty. 

4. Publication of marriage. 

5. Where published. 

6. Form of certificate of publishment. 

7. Consent of the parent. 

8. Banns forbidden. 

9. Justices may solemnize marriages. 



10. Also, ministers. 

11. Record of marriages, 

12. Evidence of marriage. 

13. Pulling down publishments. 

14. Marriages returned to clerk of court?, 

15. What constitutes marriage. 

16. Form of selemnizing marriage. 

17. Form of certificate of marriage. 



1. Every town and plantation clerk shall record all births 
and deaths which shall occur in the place of which he is 
clerk, and come to his knowledge, stating the time when 
each such event took place, and the names of the parents, 
if known ; the fees to be paid by such town and plantation. 
E. S. c. 38, § 1. 

2. It shall be the duty of parents, householders, masters 
of work houses, prisons and vessels, to give notice to the 
clerk of the births and deaths which take place in their res- 
pective families, houses and vessels ; and also the duty of 
the elder persons next of kin to give like notice of the death 
of his kindred. lb. § 2. 

3. Any person neglecting to perform the duty required of 
him in this chapter shall forfeit one dollar for each offence, 
to be recovered on complaint to the use of the town. lb. § 3. 

4. All persons resident in this State, intending to be joined 
in marriage, shall have their intentions published at three 
public religious meetings, on different days, at three days' 
distance from each other, in the city, town or plantation where 
they dwell ; or posted by the clerk in some public and con- 
spicuous place fourteen days ; and shall deliver a certificate 
thereof under the hand of such clerk, to the minister or jus- 
tice solemnizing the marriage. lb. c. 87, § 6. 

5. If either of the parties live in a place where there is 
no clerk, publishment shall be made in the adjoining place, 
lb. § 8. 



312 MAINE TOWNSMAN. 

6. The form of certificate may be as follows : 

This certifies that I posted a certificate on the outer door 
of the meeting house in the town of , being a pub- 
lic and conspicuous place, of the intentions of A. B., of — , 

in the county of , and E. G. of said town, to be joined 

in marriage. 

Dated at , this — — day of 18 — . 

A. B., Toivn clerk of . 

7. When a male under twenty-one years, or a female 
under eighteen years, is to be married, the consent of the 
parent, guardian, or other person, having the care and gov- 
ernment of such party, if in the State, shall be first obtained, 
lb. § 7. 

8. When the banns of matrimony are forbidden, and the 
reasons in writing are left with the clerk, he shall issue no 
certificate until a decision shall be made by two justices, ap- 
proving the marriage after notice to, and hearing of, all par- 
ties concerned ; provided the person forbidding shall within 
seven days procure the decision of such justices, and if 
against the person forbidding, he shall pay all costs, and the 
justices shall enter judgment and issue execution therefor, 
lb. § 9. 

9. Every justice of the peace may solemnize marriages in 
the county where either of the parties reside. lb. § 11. 

10. Every ordained minister, duly appointed and commis- 
sioned therefor, may solemnize marriages in the county 
where either of the parties reside. lb. § 12. 

11. Every justice and minister shall keep a record of all 
marriages solemnized before him, and within one year after 
the date of each marriage shall make a return to the town or 
plantation clerk, certifying the names of the parties, the place 
of their residence, and the date of the marriage, under a 
penalty of fifty dollars, half to the use of the county, half to 
the use of the prosecutor. Act of July 15, 1846. 

12. An attested or sworn copy of the record of a mar- 
riage, shall be received in all courts, as evidence ot the fact 
of marriage. R. S. c. 87, § 17. 

13. Whoever shall pull down any written posted publish- 
ment, before the end of fourteen days, shall forfeit and pay 
ten dollars for the use of the town or plantation. lb. § 19. 



BIRTHS, DEATHS, MARRIAGES, 3J3 

14. The clerk of every city, town and plantation, shall 
return to the clerk of the judicial courts, a transcript of all 
records of marriages made upon his books during the year 
for which he is clerk ; and the clerk shall record the same in 
a book kept for the purpose. lb. § 21. 

15. If the parties themselves enter into an agreement to 
become man and wife, in the presence of a justice or a min- 
ister of the gospel, duly commissioned to solemnize mar- 
riages, he assenting to act on the occasion in his official ca- 
pacity, this is sufficient, 7 Mass, 48 ; 1 Mass. 240. 

16. The form of solemnizing marriage may be as follows : 

You, A. B. and C. D., having entered into an agreement 
to become man and wife, and having produced to me a cer- 
tificate that your intentions of marriage have been published 
according to law, you will now please to join your hands. 

You now promise mutual fidelity in the relation of hus- 
band and wife, agreeably to the laws of God and man, so 
long as you both shall live. This you signify by disjoining 
your hands. 

I now pronounce you man and wife, married according to 
the laws of this State. Those whom God has joined together, 
let no man put asunder. 

17. The form of a certificate of marriage is as follows : 

To all whom it may concern ; 

This is to certify, that A. B. and C. D., both of E., in the 
county of F., and State of Maine, were joined in marriage, 

at E, on the day of — — , A. D. 18. — . 

By me, G, H., Justice of the Peace, 



314 MAINE TOWNSMAN. 



CHAPTER CVI. 

INSPECTORS OF LEATHER. 

1. Inspectors of leather. | 3. Inspectors apparatus. 

2. Their duty. | 4. His stamp. 

1. The selectmen in each town, and the assessors of each 
plantation, whenever they shall deem it expedient, shall 
appoint one or more suitable persons inspectors of sole 
leather, who shall be sworn ; and shall receive such fees for 
their services as the selectmen shall deem proper, to be paid 
by the person requesting inspection. R. S. c. 65, § 3. 

2. Every such inspector, when requested, shall go to any 
place in the town or plantation to inspect any sides of sole 
leather. lb. § 4. 

3. He shall furnish himself with a proper apparatus to 
weigh or stamp every side of sole leather inspected, with his 
surname, and the name of the place, and also with the weight 
thereof. lb. § 5. 

4. On all sole leather made of good hides and in the best 
manner, the word best shall be stamped ; if made of good 
hides in a merchantable manner, the word good ; and on all 
other the words, second ', or thirds or damaged. lb. <s 6. 



I NPE CTO R S OF P J SB. £\ r 



CHAPTER CYII. 

INSPECTORS OF FISH. 
I. Inspector's bond. | 2. Bond insufficient. 

1. In every town where an inspector of pickled fish is 
appointed by the governor, he shall give bond with sufficient 
sureties to the treasurer of the town or plantation, to the 
satisfaction of the selectmen, or assessors, in the sum of not 
less than fine hundred dollars nor more than one thousand 
dollars. R. S. c. 54, § 2. 

2. Such selectmen or assessors shall, at least once a year, 
examine the bonds given fry said inspectors ; ^and if the bond 
of any inspector is not sufficient, they shall notify him of the 
same, and if he shall, for thirty days after such notice, neg- 
lect to give a bond satisfactory to them, they shall give in- 
formation of such neglect to the governor, who shall remove 
him from office. lb. § 3. 



CHAPTER CVIII. 

SURVEYORS OF LUMBER, SHINGLES, STAVES, HOOPS AND LOGS. 

!. Choice of surveyors. I 5. Surveyors of logs. 

•>. No. 1. shingles." ! 6. Oath and duties of surveyor. 

3. Shineles surveyed. 7. Pine boards. 

4. Clapboards. j 8. Fees. 

J. Every town and plantation, at its annual meeting, shall 
choose one or more persons to be surveyors of boards, shin- 
gles, clapboards, staves and hoops, who shall be duly sworn. 
R. S. c. 66, § 5. 

2. No, 1. shingles, packed for exportation, shall be four 



316 MAINE TOWNSMAN. 

inches wide on an average, and not less than three inches 
wide in any part, and shall hold their width three-fourths of 
the way to the thin end, well shaved or sawed. lb. § 6. 

3. All shingles, before offered for sale, shall be surveyed 
by a sworn surveyor, and the quality designated upon the 
hoop or band of the bundle. lb. § 10. 

4. All clapboards shall be made of sound timber, five- 
eighths of an inch thick on the back, five inches wide, and 
four feet, six inches long. lb. § 11. 

5. The selectmen of any town, or the assessors of any 
plantation, may annually appoint any number of persons, 
not exceeding seven, to be surveyors and measurers of logs, 
who shall be paid four cents per thousand for inspecting, and 
two cents per thousand for surveying and marking. lb. § 28. 

6. If any such surveyor shall fail to take the oath of office, 
he shall forfeit three dollars ; if he shall fail to attend to the 
duties of his office, he shall forfeit three dollars for each 
offence ; if he shall be guilty of fraud, he shall forfeit thirty 
dollars ; all said penalties shall enure to the town, and be re- 
covered by a libel filed by an inhabitant of the town, or the 
town treasurer. lb. § 25, 26. 

7. No pine boards shall be exported but such as are square 
edged, and not less than seven-eighths of an inch thick and 
ten feet long. lb. § 3. 

8. Fees of surveyors of lumber, six cents per thousand 
feet ; of surveyors of shingles and clapboards, six cents per 
thousand ; of cullers of staves and hoops, twenty-five cents 
per thousand ; of hogshead and butt staves, thirty-three 
cents per thousand ; of cullers of hoops, forty cents per thous- 
and ; of measurers of logs, four cents per thousand and two 
cents for measuring and marking. lb, e, 151, § 21. 



MEASURERS OF WOOD, BARK, Sc C. 3J7 



CHAPTER CIX. 

MEASURERS OF WOOD, BARK AND COAL, SALT, CORN, &C. 



1. Cord wood. 

2. Charcoal. 

3. Coal baskets. 

4. Measurers of salt, corn, ice. 



5. Weight of potatoes, &c. 

6. Weight of rye. 

7. Tolls for grinding grain. 

8. Fees. 



1. All cord wood exposed for sale shall be four feet long, 
including half the scarf; and being well and closely laid 
together, a cord of wood or bark shall be eight feet long, 
four feet wide and four feet high, or otherwise containing 
one hundred and twenty-eight cubic feet. The measurer 
shall make due allowance for refuse or defective wood, or 
bad stowage. Act of amendment, 1841. 

2. Any charcoal offered for sale may be measured or sold 
by the cord or foot, estimating the cord at ninety-six bushels. 
R. S. c. 60, § 8. 

3. All baskets for measuring coal shall be sealed by the 
sealer of the town, and shall contain two bushels, lb. § 9. 

4. The aldermen of cities and the selectmen of towns are 
authorized to appoint measurers of salt, corn and grain, in 
their respective cities or towns, to hold their office for one 
year, who shall be under oath, and receive such fees as the 
aldermen and selectmen shall, from time to time, establish ; 
and in every contract for salt, one hogshead shall consist of 
eight bushels. lb. c. 71, § 1. 

5. The standard weight for potatoes shall be sixty-four 
pounds per bushel ; and also for all ruta baga, sugar beet, 
and mangel wurtzel. lb. c. 72, § 1. 

6. The standard weight for rye shall be fifty pounds per 
bushel. lb. § 2. 

7. The toll for grinding, cleansing and bolting all sorts of 
grain shall not exceed one-sixteenth part thereof. 

8. The measurers of wood and bark shall receive such 
fees as the selectmen of the town shall appoint. 



31S MAINE TOWNSMAN. 



CHAPTER CX. 
SEALER OF WEIGHTS AND MEASURES. 

1. Town standard weights and meas- | 7. Custody of weights and measures. 

ures. 8. Duty of sealer. 

2. Same subject. 9. Same subject. 

3. Town seal. 10. Sealer's neglect. 

4. Sealer of weights and measures. 11. Vibrating steelyard. 

5. His oath and duties. 12. Avoirdupois weight. 

6. Neglect of selectmen to appoint. | 13. Fees. 

1. The treasurer of each town arid plantation shall pro- 
cure, at the expense of such corporation, and constantly pre- 
serve as town standards, a complete set of beams, weights, 
copper and pewter measures, except the bushel measure, con- 
formable to the State standards, and excepting also a set of 
troy weights, other than those from the lowest denomination, 
to the size of eight ounces, which he is required to procure 
and keep. E. S. c. 73, § 8. 

2. Any town treasurer may procure a wooden half bushel, 
peck, and half peck measure, conformable as to breadth and 
contents to the copper and pewter measure of the same de- 
nomination : all which measures he shall cause to be proved 
and sealed by the State or county standards, once in ten years, 
from the first June, 1840. lb. § 9. 

3. Each town treasurer shall constantly have and keep a 
town seal, at the expense of the town. lb. § 10. 

For neglect of his duty, required in the three preceding 
sections, such treasurer shall forfeit and pay for each neg- 
lect one hundred dollars , one half to the use of the town, 
and one-half to the use of the prosecutor. lb. § 10, 11. 

4. The selectmen of each town and the assessors of each 
plantation shall annually appoint a sealer of weights and 
measures within the same ; and they may remove any per- 
son so appointed by them ; and in case of vacancy may ap- 
point a person to fill his place. lb. § 12. 

5. Such sealer, so appointed, shall be sworn ; and if any 
person so appointed and notified shall, for seven days, refuse 
to be sworn, he shall forfeit five dollars. lb. § 13. 



SEALER OF WEIGHTS AND MEASURES. 3^9 

6. Any selectman or assessor who shall neglect to perform 
the duties required under the fourth section, shall forfeit ten 
dollars for each month's neglect, lb. § 14. 

7. Each sealer of weights and measures, when sworn, 
shall receive the standards and seal from the treasurer, giv- 
ing a receipt therefor, and shall be accountable for their 
preservation. lb. § 15. 

8. Every such sealer shall annually in May, post notifica- 
tions in the town or plantation to which he belongs, stating 
the times and places when and where he will attend to the 
sealing of such weights and measures as may be brought to 
him for that purpose, and he shall deface or destroy all 
weights and measures not conformable to the standard. lb. 
§ 16. 

9. He may visit warehouses and stores of such persons as 
neglect to send to him their beams, weights, and measures 
and there prove and seal them. lb. § 17. 

10. Every person who neglects to have his beams, weights 
and measures tried, proved and sealed, shall forfeit ten dol 
lars, half to the town and half to the sealer ; and every seal- 
er who shall neglect his duty shall forfeit ten dollars, half to 
the town, and half to the prosecutor. lb. § 18 19. 

11. The vibrating steelyard, by Benjamin Dearborn and 
Samuel Hills, may be used : provided each beam and the 
poises thereof shall be sealed by a public sealer. lb. § 20. 

12. Gross or avoirdupois w r eight shall be twenty- five 
pounds for each quarter, four quarters one hundred, twenty 
hundreds one ton. lb. § 22. 

13. The fees to town sealers shall be, for trying, proving, 
and sealing each beam, weight, and measure found conform- 
able to the standard, two cents ; otherwise, four cents, lb. 
c. 151, § 21. 



320 MAINE TOWNSMAN, 



CHAPTER CXI. 

FISHERIES. 

1. Destruction of shell fish. 5. Vessels liable to seizure,. 

2 When shell fish may be taken. 

3. Shell fish for bait. 

4. Lobsters. 

1. If any person shall take, or otherwise wilfully destroy, 
any oysters or other shell fish, or obstruct their growth in 
their beds, in any of the waters of this State, except as in 
the two following sections, he shall forfeit to the person suing 
therefor not less than one dollar nor more than two dollars, 
for each bushel thereof, including the shells, so taken or 
destroyed, R. S. c. 61, § 4. 

2. The selectmen of the town, or assessors of the planta- 
tion wherein such oysters, or other shell fish, may be found, 
may in writing authorize any person to take the same, at 
such times, in such quantities, and for such uses, as they 
think proper, and express in their permits ; and any inhabi- 
tant of such town or plantation, or native Indian within this 
State, may take the same without any permit, for the con- 
sumption of himself or his family, provided that no person, 
without such permit, shall be allowed to take oysters for the 
purpose in the month of June, July or August. lb. § 5. 

3. Any fisherman, without such permit, may take any 
shell fish suitable for bait, necessary for his use, and in any 
quantity not exceeding seven bushels, including the shells, at 
any one time. lb. § 6. 

4. If any person, not living within the State, shall take or 
destroy any lobsters in any waters within the State, without 
a permit from the selectmen of the town, or the assessors of 
the plantation where the same may be, he shall forfeit not 
less than ten dollars nor more than fifty dollars, for each 
offence, one half to the use of such town, the other half to 
the use of the person suing therefor. lb. § 7. 

5. If any vessel, boat, or craft, shall be found within the 



FISHERIES, 32 X 

limits of any town or plantation, not owned therein, with 
any lobsters, oysters, or other shellfish on board, taken in 
such town, against the provisions in this chapter, any inhabi- 
tant of such town may seize and detain such vessel, boat or 
craft, not exceeding forty-eight hours, in order that the same 
may be attached by process of law ; provided that if before 
such attachment, the owner or master of such vessel, boat or 
craft, shall pay the expense of such detention, and also pay 
to the treasurer of the town for the use thereof, the amount 
of fines incurred, it shall be released with the effects therein, 
lb. § 8? 

6. It shall not be lawful for any person, not being a citizen 
of the State, or belonging to any vessel or fishing craft not 
owned and fitted within this State, to cast their nets, seins, or 
other machines for the purpose of taking pogies, hardheads, 
or manhaden, within the limits over which any city, town, or 
plantation has jurisdiction, unless they shall first obtain from 
the mayor of the city, selectmen of the town, or assessors 
of the plantation, permission in writing ; and the permit shall 
state the amount to be taken, or the time so to fish, and the 
number of persons to be employed, paying therefor such a 
-sum for the use of the city, town or plantation, as shall be 
agreed upon between the parties. Act of 1848, § 1. 

7. If any person not a citizen of this State, shall unlaw- 
fully take any of said fish, he shall forfeit not less than twen- 
ty nor more than one hundred dollars, for each offense ; and 
if any vessel, boat or craft, not owned and fitted within this 
State shall be found within the limits of any city, town and 
plantation, having on board any fish so taken, any inhabitant 
of said city, town or plantation may seize and detain her 
twenty-four hours, in order that the same may be attached 
or arrested by due process of law and secure the fine and 
forfeiture before mentioned, with the cost. lb. § 2. 

8. No person who is not a citizen of this State, or em- 
ployed as provided in the first section of this act, shall take 
shellfish suitable for bait or other purposes within the limits 
over which any city, town or plantation has jurisdiction, un- 
less he shall first obtain from the mayor of the city, select- 
men of the town, or assessors of the plantation, permission 
in writing to take such shellfish, stating the quantity to be 
taken, paying therefor such sum as shall be agreed upon by 
the parties, for the use of the city, town or plantation. lb. § 3, 

28 



322 



31 A I N E T O VV N & M A X. 



CHAPTER CXII. 



WEIGHERS OF BEEF. 



1. Weighers of beef. 

2. Beef weighed. 



3. Form of certificate. 

4. Hides to be weighed and certified, 



1. The selectmen of every town, the mayor and aldermen 
of each city, and the assessors of every plantation, where 
beef and cattle are sold for immediate consumption, or for 
barreling, shall appoint one or more suitable persons, not dea- 
ers in cattle, to be weigher or weighers of beef, who shall be 
duly sworn. R. S. c. 50, § 45. 

2. All beef sold as aforesaid, shall be weighed by the 
sworn weighers, and certificates of the weight of all the beef, 
hide and tallow of each head of cattle, shall be signed by 
the said weighers, and delivered to the seller thereof, in the 
form as in section three. lb. § 46. 

3. This certifies that I have duly weighed the cattle bought 

by , of , from , of , this day of , 

18—. 



Beef, 
Hide, 
Tallow, 
Total, 













4. The inspector general, or his deputies, shall weigh all 
hides taken from cattle slaughtered for barreling, making 
reasonable deductions for tare and drainage, and they shall 
give a certificate, specifying the gross weight and the deduc- 
tions made, as aforesaid. Tb. § 47. 



TABLE OF PROBATE FORMS. 



ADMINISTRATION.- 

1. Table of consanguinity. 

2. Petition for administration. 

WILLS. 

3. Will of lands and goods. 

First. Bequest of money at interest. 

Second. Appointment of persons to manage minors' 

estate. 
Third. Authority of executor to sell lands. 
Fourth. Devise to wife, in lieu of dower. 
Fifth. When a child has received all his portion. 

4. Codicil. 

5. Nuncupative will. 

6. Petition by executor for probate of a will. 

7. Refusal of executor to accept the trust. 

8. Petition to take depositions to prove a will. 

9. Waiver by widow of her provision in a will. 

ADMINISTRATION. 

10. Notice of administrator's or executor's appointment. 

11. Affidavit of posting notices of executor's appointment. 

12. Inventory. 

13. Petition by widow for allowance of personal estate. 

14. Petition for sale of personal estate by administrator. 

15. Account of sales of personal estate. 

16. Representation qf insolvency, 

17. Oath of commissioners. 

18. Return of commissioners. 



324 MAINE TOWNSMAN. 

19. Commissioners' notice to creditors. 

20. Petition of creditors for extending commission, 

21. Notice of objection to claims. 

22. Rule to refer creditor's claim. 

23. Referees' report under a rule. 

24. Rule to refer administrator's claim. 

25. Petition to cite administrator to settle his account. 

26. Petition of administrator of insolvent for further time* 

27. Petition of administrator for sale of real estate. 

28. Petition of administrator to sell whole of real estate. 

29. Oath before sale. 

30. Bond on license to sell real estate. 

31. Advertisement for the sale of real estate. 

32. Affidavit of posting notices. 

33. Deed by administrator. 

34. Petition to convey real estate of a deceased person. 

35. Petition for administrator or executor, to settle his 

account. 

36. Complaint against one who refuses to account. 

37. Complaint against one, suspected of concealing goods. 

38. Petition for division. 

39. Petition for division according to will, 

40. Commissioners return. 

41. Complaint against one who refuses to pay for division. 

42. Petition to sell the reversion of a widow's dower. 

43. Petition to sell the real estate of a minoi or non 

compos. 

44. Claim of an appeal. 

45. Reasons of appeal. 

46. Bond on appeal. 

47. Administration account. 

48. Second account of administration. 

49. Receipt taken by administrator. 

50. Receipt of legatee. 

51. Receipt of heir. 

GUARDIANS. 

52. Petition for guardian. 

53. Choice of guardian by minor. 

54. Representation respecting a non compos. 

55. Return of selectmen. 



TABLE OF PKOBATE FORMS. 



325 



56. Complaint of selectmen against an intemperate person. 

57. Petition of guardian to sell real estate. 

58. Assignment of dower. 

59. Petition by widow for dower. 

60. Commissioner's return of assignment of dower, 

61. Petition for filing copy of a will proved out of the 

• State. 

62. Caveat. 

63. Notes. 



PROBATE FORMS. 



ADMINISTRATION. 

Upon the decease of any person in testa te, the judge 
of probate shall grant administration of such intes- 
tate's goods or estate to the widow, husband, next of 
kin, or husband of the daughter of the deceased, or 
to two or more of them, as he shall think fit, if the 
applicant be over the age of twenty-one years, and in 
other respects, in his opinion, suitably qualified for the 
trust; except, after thirty days from the decease of 
such intestate, if such husband, widow, or next of kin 
neglect or refuse to take out letters of administration, 
or if, in the opinion of the judge, they shall be un- 
suitable for the trust, he may commit administration on 
said estate to one or more of the principal creditors, 
or to such other person, or persons, as he shall deem 
suitable. 

The mode of ascertaining the degree of kindred be- 
tween persons related to each other, is, by counting 
backward from one of the parties to the common an- 
cestor, thence downward to the other, as may be seen 
by the following table of consanguinity: 



328 



MAINE TOWNSMAN. 



[I.] TABLE OF CONSANGUINITY. 

















4 
















great great 
grand father 
















3 






5 






g 


reat grand 
father. 




great great 
uncle. 




























2 




4 




6 








grand fa- 
ther. 






great 
uncle. 






__ 






























1 






3 







7 






father. 




uncle. 




great unci 
son. 


e's 


































2 


4 


6 


8 


person 
deceased. 


brother. 


cousin. 


second 
cousin. 




1 


1 


3 





7 


9 


son. 


nephew. 


son of 
cousin. 






I 


2 


4 


6 


8 


10 


grand 


| 








son. 










1 


1 


3 


5 


7 


9 




a 


great grand 










son 











PROBATE FORMS. 329 

[2.] PETITION FOR ADMINISTRATION. 

To the honorable judge of probate for the county of 



A. B., of — — , in the county of , respectfully repre- 
sents that C. D., of , in said county of , died intes- 
tate, being seized and possessed of real estate, goods, chat- 
tels, rights and credits, in said county, which ought to be ad- 
ministered according to law : [if the widow petition for ad- 
ministration, say] leaving your petitioner, who is his widow, 
and who prays that administration of his estate may be grant- 
ed to her ; [if the next of kin petition for administration, 
say] leaving your petitioner, who is the son, [or brother] and 
the next of kin of said deceased, and who wishes to take admin- 
istration on his estate. [If a creditor, when widow or next of 
kin neglect to apply, say] that thirty days have elapsed since 
the decease of said C. D., and the widow and next of kin 
have been duly cited to take administration of said estate, 
but neglect so to do ; and your petitioner is a principal credi- 
tor of said deceased ; wherefore, he prays that administra- 
tion of said estate may be granted to him. 

Before taking administration, the administrator is required 
to give a bond, which is furnished at the probate office. 



WILLS. 

[3.] FORM OF A WILL OF LANDS OR GOODS. 

In the name of God, amen ; [or be it remembered, that I, 
A. B., of — , being weak in body, but of sound and per- 
fect memory ;] [or considering the uncertainty of this mor- 
tal life, and being of sound mind] blessed be Almighty God 
for the same, do make and publish this, my last will and testa- 
ment, in manner and form following, that is to say : 

I give and bequeath unto my beloved wife, R. B., the 
sum of dollars. 

I do also give and bequeath unto my eldest son, C, D., the 
sum of dollars. 



330 .MAINE TOWNSMAN. 

I do also give and bequeath unto my two younger sons, 
E. F. and G. H., the sum of dollars apiece. 

I also give and bequeath unto my daughter-in-law, S. H., 
single woman, the sum of dollars. 

Which said several legacies or sums of money, I will and 
order to be paid in six months after my decease. 

I further give and devise to my eldest son, C. D., his heirs 

and assigns, all my real estate situate in , in the county 

of ; to have and to hold the same, to him, the said C. 

D., his heirs and assigns, forever. 

And, lastly, as to the residue of my personal estate what- 
ever, after payment of all my just debts, I give and bequeath 
the same tp my said beloved wife, R. B., whom I hereby ap- 
point my sole executrix of this my last will and testament ; 
hereby revoking all former wills made by me. 

In witness whereof, I have hereunto set my hand and seal, 

this day of — , 18 — . 

A. B. [seal.] 

Signed, sealed, and declared by the above named A. B., 
to be his last will and testament, in the presence of us ; 
who, at his request, and in his presence, and in the presence 
of each other, have subscribed our names as witnesses 
thereto. 

K. H., 
W. L, 
J. C. 

Other clauses may be inserted, as for example ; 

1. Bequest of money to be put at interest, &c. 

Also, I give to my grand daughters, M. B. and R. B., 

children of my daughter, C. B., the sum of dollars, 

each, to be paid to them respectively, at their respective ages 
of twenty-one years, [or days of marriage ;] the same to be 
put out at interest, at the discretion of my executor, and the 
interest accruing thereby to be applied to their education and 
maintenance, respectively, until their said respective ages, or 
marriages. And in case either of them shall die before the 
age of twenty-one years,, or marriage, then I give the share 
of her, so dying, unto the survivor of them. And if both of 
my said grand daughters shall die before obtaining the age of 



PROBATE FORM.- 33 J 

twenty-one years, or marriage, then I give and bequeath the 
whole of said several sums unto . 

2. Appointment of a person to manage the estate of a 
minor. 

And I do hereby authorize and direct my said executor, 
from and after my decease until the aforesaid G. B. shall at- 
tain his age of twenty-one years, to manage and improve the 
estate of said G. B., by me given him for his use and benefit, 
and to lease all or any part of his lands, and to lend and 
place out at interest, upon good security, or otherwise im- 
prove according to his discretion, all or any part of the mon- 
ies belonging to or arising from said estate of said G. B. and 
to account for and pay to the said G. B., for all such rents, 
interests and income, as shall arise from the estate hereby 
given and devised to him, when he shall attain the age of 
twenty-one years. And my said executor shall not be ac- 
countable for more of said monies or estates, than he shall 
actually receive, or shall come to his hands, by virtue of my 
will, or for any loss which shall happen of the said monies 
or estates, hereby by me given to the said G. B., if said loss 
happen without his wilful default and neglect. 

3. Authority of executors to sell lands. 

Also, I authorize my executor, with all convenient speed 
after my decease, to bargain, sell and alien in fee simple, all 
those my lands called , situate in . 

4. Devise to a wife in lieu of her dower. 

Also, I devise to my wife, E,. B., the house in which 1 
now live, and the buildings appurtenant to the same, and the 
household furniture of every kind, now being in said house, 
and the following described tract of land, &c. To have and 
to hold to her, the said R. B., for the term of her natural life, 
in lieu and in full satisfaction of her dower, and of all her 
right of dower in and out of all the lands and tenements 
whereof I shall die seized, [or of all her right of dower in 
any and al! lands and tenements whereof I now am, and 
have been, or hereafter shall be seized, during my marriage 
to my said wife.] 



332 MAINE TOWNSMAN, 

5. When a child has received all that is intended for him. 

My son, C. H., having already received ail that I intend to 
give him [or what I consider as his portion of my estate] 
nothing is given him by this will. 



[4.] FORM OF A CODICIL. 

I. A. B., of , do make, publish and declare this writ- 
ing to be a codicil to my last will and testament, in manner 
following, viz : I give to my niece, M. E., one gold watch. 
I give to my nephew, I. G., the two shares in the Cumber- 
land Bank which are owned by me. 

It is my desire that this, my codicil, be annexed to, and 
made a part of my last will and testament. 

[signed] A. B. [seal.] 
Dated. 

Signed, sealed, published and declared by the above named 
A. B., as a codicil to be annexed to his last* will and testa- 
ment, in presence of us, who, at his request, and in the pres- 
ence of eaeh other, in his presence, have subscribed our 
names as witnesses thereto. 
R. S. 
W. T. 
Y. H. 



[5.] FORM OF A NUNCUPATIVE WILL- 

The last will and testament of , in the county of 

, deceased, declared by him by word of mouth, in the 

time of the last sickness of the deceased, and in his usual 

dwelling, on the day of , in the presence of us, 

who, at the time of pronouncing the same, were requested 
by the testator to bear witness that such was his will, and 

who have subscribed our names as witnesses thereof: 

My will is, that [here insert the very words.] 

In witness whereof, we have hereunto set our hands, the 
— — dav of -, 18—-. 

A. B. 

C. D. 

E. F. 



J? ROB ATE FORMS. 333 

[6.] PETITION BY EXECUTOR FOR PROBATE OF A WILL. 

To the 

Represents A. B., of , in the county of , that C. 

D. late of , in said county of , died on the 



day of , seized and possessed of real estate, goods, 

chattels, rights and credits, in said county of , and made 

his last will and testament in writing, and therein appointed 
your petitioner executor thereof. 

And your petitioner further represents, that he is willing to 
accept said trust, and is prepared to prove said will. 

Wherefore, he prays that said last will may be duly proved, 
approved and allowed. 

Dated. A. B. 



[7.] REFUSAL OF EXECUTOR TO ACCEPT THE TRUST. 

To the court of probate in and for the county of ■ 



Represents A. B. of , in the county of , that 

late of said , deceased, testate, in his last will and 



testament, appointed your petitioner executor thereof ; and 
it being inconvenient for him to perform the duties of execu- 
tor, he declines to accept that trust. A. B. 
Dated. 



[8.] PETITION FOR A COMMISSION TO TAKE DEPOSITIONS TO 
PROVE A WILL. 

To the court of probate in and for the county of- 

Represents A. B., of , in the county of , 

executor to the last will and testament of , 



addition] 
addition] 

late of said - — , deceased, testate, that the witnesses there- 
to live out of the State, [or more than thirty miles distant, 
or by reason of age and indisposition of body, are unable 
to attend court.] He therefore prays that your honor would 
authorize, by commission, some magistrate to take the depo- 
sition of such witnesses, in writing, and cause the same to be 
returned into probate court as soon as may be. A. B. 

Dated. 

29 



334 



MAINE TOWNSMAN. 



The executor on being qualified must giye bond to the 
judge of probate, similar to that required of an adminis- 
trator. 



[9.] WAIVER BY THE WIDOW, OF THE PROVISION MADE FOR 
HER IN THE WILL OF THE HUSBAND. 

To the honorable judge of probate for the county of - 



Respectfully represents C. D., widow of A. B., late of 
— — , in said county, [addition] deceased, testate, that said 
A. B., in and by his last will and testament made provision 
for her, which is not satisfactory to your petitioner. She 
therefore waives the provision made for her, as aforesaid, 
and prays that her dower in his said estate may be assigned 
to her according to law. 

Dated at , this day of 185-. 

Note. The above waiver should be made within a rea- 
sonable time after probate of the will. 



[10.] NOTICE OF ADMINISTRATOR OR EXECUTOR'S APPOINT- 
MENT* 

Notice is hereby given that the subscriber has been duly 

appointed administrator, [or executor] of the of ■ , 

late of — — , in the county of , deceased, and has taken 

upon — that trust by giving bonds as the law directs. 

All persons having demands against said estate are re- 
quested to exhibit the same ; and all persons indebted to said 
estate are called upon to make payment. 

Dated at -, the — day of , 185-. 



[11.] AFFIDAVIT OF POSTING NOTICE OF 
POINTMENT. 

I, A. B., testify and depose that I have caused notifica- 
tions of my being appointed executor of the last will and 
testament of ', late of , in the county of , de- 
ceased, to be posted in two public places in the said town of 



PROBATE FORMS. 



335 



, viz. one at the post office , and one at , and 

in one public place in each of the two next adjoining towns 

of , within three months from the time of taking 

upon the trust aforesaid, according to ordeiv And the 

annexed is a copy of the original notifications published as 
aforesaid. 

Note. An affidavit by the executor or administrator him- 
self, of his having posted the notices, is sufficient ; in which 
case, he merely says " A. B. makes oath that, agreeably to 
the order of the judge of probate for said county dated the 

day of , he did within three months from the said 

date, &c. 

Sworn to, &c. 

The law requires the affidavit to be filed within seven 
months. 



[12.] 



INVENTORY. 



An inventory of the estate of A. B., late of P— — , in the 
county of , deceased, taken in pursuance of the war- 
rant hereto annexed, the day of , 1852. 



Real estate. 



Dollars. ! Cents. 



The homestead farm containing 

about acres, 

Lot of land called — , containing — ac's, 

Personal estate. 



1000 



Cash 

Stock of goods in store, 

1 horse, 

1 cow, 

Schedule of notes. 

Note of A. B., for $25, dated 1st May, 1848, and int. 

« " C. D., " 50, « 1st June, 1849, and int. 

" " E. F., " 80, " 3rd July, 1849, and int. 

y 'j^'' > Appraisers. 

E. F., executor [or administrator.] 



336 MAINE TOWNSMAN. 

Note. The oath should be written on the inventory. 

The following articles may be omitted in the inventory, 
viz. all articles of apparel or ornament of the widow, accord- 
ing to the degree and estate of her husband ; apparel and 
school books of minor children ; wearing apparel of the de- 
ceased, not exceeding $100 in value ; provisions for the use 
of the family not exceeding $60 in value. 



[13.] PETITION BY WIDOW FOR ALLOWANCE OF PERSONAL 

ESTATE. 

To the , 



Represents A. B., widow of C. D., late of , in said 

county of , deceased, that said C. D. died possessed of 

personal estate, an inventory whereof has been duly return- 
ed ; that she is entitled to receive more of said personal es- 
tate than she can have on a distribution thereof ; [or that the 
estate is insolvent.] [Here state the circumstances which 
entitle her to an allowance, such as minor children, sickness, 
&c] She therefore prays that such an allowance may be 
made her out of said estate for her support and comfort as 
may be deemed necessary. A. B. 

Dated. 

Note. Notice should be given to the heirs, &c, if the 
estate is solvent ; and if it is insolvent, to the creditors. 



[14.] PETITION FOR SALE OF PERSONAL ESTATE BY 
ADMINISTRATOR. 

To the , 

Represents A. B., administrator of the estate of C. D.,late 

of , in said county, deceased, that an inventory of said 

estate was duly returned into the probate office for said coun- 
ty, within three months last past, [or within six months last 
past ;] that the personal estate returned in the said inventory 
was appraised for more than its true value, [or, that certain 
articles, (name them) are perishable, and are losing in 



PROBATE FORMS. 



337 



value.] He therefore prays that he may have license to sell 
the said personal estate at public auction according to law. 
Dated. A B. 



[15.] 



ACCOUNT OF SALES OF PERSONAL ESTATE, MADE BY 
ORDER OF THE JUDGE. 



Account of sales of the personal estate of C. D., late of 

, in the county of -, gentleman, deceased, intestate, 

made agreeably to a license of the judge of probate for said 
county of , on the day of , 1851. 



Dated the 



dav of - 



1851. 



Articles inventoried. 


appraised value. | sold for. | gain. 


loss. 


1 horse, 

1 yoke of oxen, 
1 cow, 
10 sheep, 


$75,00 
80,00 
20,00 
18,00 


$80,00 
75,00 
10,00 
17,00 


; $5 


$5 

10 

1 


| $193,00 


$182,00 


$5 


$17 



[16.] FORM OF REPRESENTATION OF- AN INSOLVENT ESTATE. 

To the honorable judge of probate in and for the county 
of -. 

Represents A. B., administrator of the estate of C. D. late 
of , in said county, deceased ; that such is the condi- 
tion and circumstances of the estate of said deceased, so far 
as has come to his knowledge, and which he is ready to lay 
before said judge, that it appears to him to be insolvent. He 
therefore represents his estate as insolvent, and prays that 
your honor would nominate and appoint commissioners to re- 
ceive and examine the claims of the several creditors there- 
of, according to law. A. B. 

Dated at , the - 



day of 



1851. 



Note. The administrator must furnish evidence of an ap- 
parent insolvency, whereupon the judge issues a warrant. 



338 



MAINE TOWNSMAN. 



appointing commissioners to receive and examine all the 
claims of creditors againt the estate of the deceased, who 
are to be sworn, appoint times and places of meetings for 
that purpose, and give notice of the same. 



[17.] OATH OF COMMISSIONERS. 



1851. 



Then the above named 



-, personally 



appeared, and made solemn oath that they would faithfully 
and impartially discharge the trust reposed in them by the 
foregoing commission. 

Before me, — — ■ — — , Justice of the peace. 



[18.] commissioners' return. 

Pursuant to the foregoing warrant, we, the undersigned, 
commissioners, have been sworn and have given notice of 
the times, places and purposes of our meetings, as directed 
in the foregoing warrant, and have received, examined and 
allowed the claims against said deceased that have been pre- 
sented to us, as follows, viz : 



Names of claimants. 

A. B. 
CD. 
E. F. 
Dated the 


List of claims laid before us. 

$50 

24 
60 


H.I. 

G. H. 



Allowed on each claim. 

$25 
12 



Commissioners. 



[19.] commissioners' notice to creditors. 

We having been appointed by the judge of probate for the 
county of , to receive and examine the claims of the 



PROBATE FORMS. 339 

creditors of A. B., late of C, in said county, deceased, 
whose estate is represented insolvent, give notice that six 

months, commencing the day of , have been 

allowed to said creditors to bring in and prove their claims ; 
and that we will attend the service assigned us, at the office 
of O. L. in P., and on the day of , of the follow- 
ing months, from o'clock, to o'clock, P. M. 

H.I. 

F. T. 
Dated this day of , 1851. 



[20.] PETITION OF A CREDITOR FOR EXTENDING C0M3IIS- 
SION OF INSOLVENCY. 

To the judge of probate in the county of - 



A. B. of , respectfully represents that he is a credi- 
tor of C. D. late of , whose estate has been represented 

insolvent, and a commission of insolvency thereupon issued, 
in which six months were allowed to the creditors of said 
deceased to bring in and prove their claims before the com- 
missioners, which time has elapsed ; that during said six 
months the petitioner was out of the State, [or had no notice 
of the insolvency, or sittings of the commissioners,] and did 
not present his claim ; he therefore prays your honor to 
allow a further time for him to produce and prove his claim 
before said commissioners. 

Dated. A. B. 



[21.] OBJECTIONS TO REPORT OF COMMISSIONERS. 

1. Notice of creditor whose claim has been rejected. 

To the honorable judge of probate, within and for, &c. 

A. B., of C, in said county, respectfully represents that 
he is a creditor of D. E., late of , in said county, de- 
ceased, whose estate has been represented insolvent; that he 
presented his claim against the deceased to the commission- 
ers of insolvency on said estate ; which claim, as appears by 



340 MAINE TOWNSMAN. 

the report of said commissioners, returned into the probate 
office within twenty days last past, they have rejected wholly, 
[or in part.] I therefore make known my intention to com- 
mence and prosecute an action for the recovery of said claim, 
as soon as may be. 

Dated this day of — , 1851. 

2. Notice of objection by administrator to claim allowed. 

To the judge of probate within and for the county of 



A. B., administrator of the estate of C. D., late of E., in 
said county, deceased, represented insolvent, respectfully 
represents that it appears by the list of claims returned into 
the probate office within twenty days last past, that the com- 
missioners have allowed a claim [or in part] in favor of I. 
P., of E., in said county, against the deceased, with which 
I am dissatisfied ; I therefore pray your honor to strike said 
claim from out of the commissioners' report ; that said I. P. 
may commence and prosecute at common law his suit for 
the recovery of the same if he see fit. A. B. 

Dated at . 

Note. A copy of the above, with the register's certifi- 
cate thereon, the administrator must cause to be served on 
the creditor, within the twenty days. 



[22.] RULE TO REFER CREDITOR'S CLAIM. 

Whereas, the commissioners of insolvency on the estate 

of C. D., late of E., in the county of , deceased, have 

duly returned into the probate office for said county, a list 
of claims against the estate of said deceased, and have 

therein allowed to I. P., of , in said county, a claim, 

with which A. B., administrator of said estate, is dissatisfied, 
[or have rejected the claim, in part or wholly, of I. P. of 

Therefore we, the said A. B., administrator as aforesaid, 
and said I. P., have agreed, and do hereby agree to submit the 
said claim which is hereunto annexed, to the determination 
of ', , , the report of whom, or a major part of 



PROBATE FORMS. 341 

whom, being made as soon as may be to the court of pro- 
bate for said county, is to be final ; and the amount reported 
is to be added to said list of claims when ascertained. 

In witness whereof, we have hereunto subscribed our 
names, at P., this day of , in the year A. D. 1851. 

Note. The above rule is to be signed and acknowledged 
by the parties at a court of probate. 



[23.] referees' report on rule aforesaid. 



18—. 



Pursuant to the foregoing rule, we, the referees therein 
named, having notified, met, and fully heard the parties and 
their evidence, are of the opinion, and do accordingly report 
that the claim justly due to the said I. P., from the estate of 

C. D., is dollars. [Or, that nothing is due-to said I. P. 

from the estate of said C. D.] K. H., 

W. D., 
J. C. 



[24.] RULE TO REFER ADMINISTRATOR'S CLAIM. 

Whereas, A. B., administrator of the estate of C. D. late 
of E., in said county, deceased, has exhibited to the judge 
of probate for said county, his claim against the deceased 
for allowance ; and said claim is disputed by E. F., heir of 
said deceased. 

Therefore we, the said A. B., administrator as aforesaid, 
and E. F., have agreed, and do hereby agree to submit the 
said claim, which is here annexed, to the determination of 
D. C, R. S., L. B., the report of whom, or major part 
part of whom, is to be made as soon as may be, and returned 
into the probate court for said county. 

In witness where of, &c. A. B., 

CD. 



342 MAINE TOWNSMAN. 

[25.] PETITION FOR CITATION TO EXECUTOR OR ADMINIS- 
TRATOR TO SETTLE ACCOUNT. 

To the honorable judge of probate for the county of 



A. B., of C, heir of C. D., late of E., in said county, 
deceased, [or R. T., of W., one of the creditors of, &c] 

respectfully represents that on the day of , E. F. 

was duly appointed administrator [or executor] of the estate 
of said C. D., and that a year has elapsed since the appoint- 
ment of said administrator [or executor ;] wherefore he prays 
that the said E. F. may be cited to settle his account, and 
distribute the balance thereof among the heirs of said deceas- 
ed ; and failing so to do, that he may be removed from said 
office or trust. [Or, that license may be granted to com- 
mence and prosecute a suit on his bond.] A. B, 

Dated. 



[28.] PETITION OF ADMINISTRATOR OF AN INSOLVENT 
ESTATE, FOR EXTENDED TIME TO SETTLE HIS FINAL AC- 
COUNT. 

To the honorable judge of probate, &c. 

A. B., administrator of the estate of C. D., late of E., in 
said county, deceased, represented insolvent, respectfully 
represents that the list of claims against the deceased was 

returned into the probate office, on the day of 

last ; that the difficulty of collecting the debts due to the de- 
ceased, [or a suit pending ; here insert the reason ;] will pre- 
vent your petitioner from making a final settlement of his 
account of administration within the time limited by law ; 
wherefore, he prays your honor to grant an extended time 
for that purpose. A. B, 

Dated. 



PROBATE FORMS. 343 

[27.] PETITION OF ADMINISTRATOR FOR SALE OF REAL 

ESTATE. 

To the honorable judge of probate for the county of . 

A. B., administrator of the estate of C. D., late of E., in 
said county, deceased, respectfully represents that the goods, 
chattels and credits of said deceased, are not sufficient to 
pay his just debts and charges of administration, by the sum 

of dollars, as appears by the certificate of the register 

of probate, herewith produced. Wherefore your petitioner 
prays your honor to grant him a license to sell and convey 
so much of the real estate of said deceased, [including the 
reversion of the widow's dower therein,] as may be necessa- 
ry to satisfy said debts and incidental charges, and charges 
of administration. A. B. 

Note. Order of notice issues to the heirs ; but if the es- 
tate is insolvent, notice should be given in some newspaper. 



[28.] PETITION OF EXECUTOR OR ADMINISTRATOR TO SELL 
THE WHOLE REAL ESTATE, WHEN BY A PARTIAL SALE 
THE WHOLE WOULD BE INJURED. 

To the, &C 

A. B., executor of the last will and testament [or, admin- 
istrator of the estate] of C. D., late of , in said county, 

deceased, respectfully represents that the goods, chattels and 
credits of said deceased, are not sufficient to pay the debts 
which said deceased owed at the time of his decease, just and 

charges of administration, by the sum of dollars ; and 

that by a partial sale of the real estate of said deceased, the 
residue thereof would be greatly injured ; wherefore, your 
petitioner prays said court to grant him a license to sell and 
convey the whole of the real estate of said deceased, at pub- 
lic auction or private sale. A. B. 

Dated. 

Note. The administrator, previous to fixing on the time 
and place of sale, should take the oath by law prescribed ; 



344 MAINE TO WAS MAN. 

and give bond, and thirty days' notice of said, sale, by post- 
ing up notifications thereof in some public place in the town 
where the real estate lies, in two adjoining towns, and in the 
town where the deceased last dwelt. 



[29.] FORM OF OATH BEFORE SALE. 

I, A. B., do solemnly swear, [or affirm] that in disposing 

of the real estate belonging to C. D., late of , in the 

county of , now deceased, I will use my best skill and 

judgment in fixing on the time and place of sale ; and that 
I will exert my utmost endeavors to dispose of the same in 
such manner as will produce the greatest advantage to all 
persons interested therein ; and that without any sinister 
views whatever. A. B. 

Note. The oath may be administered by a justice of the 
peace. 



[30.] FORM OF CONDITION OF BOND, ON LICENSE TO SELL 
REAL ESTATE FOR PAYMENT OF DEBTS. 

(Obligation the same as in executor's bond.) 

The condition of this obligation is such that, whereas, the 
above bounden A. B., in his capacity of administrator of the 

estate of C. D., late of. , in said county, deceased, at a 

court of probate holden at , within and for said county, on 

day of instant, obtained license to make sale of 

so much of the real estate of said deceased as will produce 
the sum of dollars. 

Now therefore if the said shall, in all things relating 

to such sale, govern himself by the laws of said State, so 
that the interest of the creditors and heirs shall be best se- 
cured ; and, moreover, shall well and truly apply the pro- 
ceeds of such sale, or so much thereof as shall be necessaiy 
for the purpose aforesaid, and for the overplus, if any, shall 
be responsible to the heirs or legatees of said deceased, and 



PROBATE FORMS. 345 

thereof, and of his whole proceedings in the premises, shall 
render upon oath a just and true account to the judge of pro- 
bate for the time being, of the same county, when, and so 
often, as he shall be thereunto lawfully required, then the 
above obligation to be void ; otherwise to remain in full 
force. 



Signed, sealed and delivered, ) 
in the presence of J 



A. B., 


"seal 


CD., 


seal 


E. F. 


seal 



[31.] ADVERTISEMENT FOR THE SALE OF REAL ESTATE. 

Notice is hereby given that by virtue of a license from 

[court] there will be exposed for sale, at the house of , 

in , on the day of next, at — o'clock in the 

noon, so much of the real estate of , in the county 

of , deceased, as will produce the sum of , for the 

payment of his debts and incidental charges of sale* Said 
real estate consists of , and is situated, &c. 

Dated this day of ■ . 

C. D., Administrator. 

Note. The form may be varied according to the nature 
of the license obtained. 



[32.] AFFIDAVIT OF POSTING, OR PUBLISHING NOTICE OF 
THE SALE OF LAND, BEFORE A JUSTICE OF THE PEACE. 

I, A. B., testify that at the request of C. D., administra- 
tor, &c, [or executor, &c.,] I caused an advertisement, 
whereof the foregoing is a true copy, to be published in the 

, printed at , on the day of , three weeks 

successively, previous to said day of sale, [or, , at the 

request, &c, I caused advertisements, whereof the foregoing 

is a true copy, to be posted at the house of , in , in 

the county of -*— -, where the land lies, at —— , and — -, 
30 



346 MAINE TOWNSMAN. 

the two next adjoining towns, and at , in , where 

the deceased last dwelt, thirty days before the day appointed 
for the sale.] A. B. 

C , ss. On the ■ day of , A D. 18 — , the 

above named A. B., who resides more than ten miles from 
the probate office in said county, personally appeared before 
me, and made oath to truth of the foregoing affidavit by 
him subscribed. E. F., Justice of the peace. 



[33.] form of administrator's deed. 

Know all men by these presents that I, A. B., of , in 

the county of , in the State of , administrator of 

the goods and estate which were of C. D., late of , 

deceased, intestate, having, by an order of the court, 

held at , within and for said county of , on the 

day of , 18 — , obtained license to make sale of so 

much of the real estate of said deceased as would produce 

the sum of dollars, for the payment of his debts and 

incidental charges of sale ; [or, the whole of the real estate 
of said deceased, because a partial sale thereof would greatly 
injure the residue ;] and in pursuance of said license, gave 
notice that said real estate would be offered for sale at pub- 
lic vendue, on the day of , [which said sale was 

adjourned from the said day to the present day, if so ;] and 

on this day, at , the following described real estate [here 

describe the estate sold] was offered for sale, and was then 
and there struck offto E. F., of P., in said county, for the sum 

f dollars, he being the highest bidder therefor. Now 

therefore, know ye that I, the said A B., by virtue of the 
power and authority in me vested as aforesaid, and in con- 
sideration of the aforesaid sum of dollars, to me paid 

by the said E. F, the receipt whereof is hereby acknowledged, 
do hereby grant, bargain, sell and convey to said E. F., 
his heirs and assigns, the above described land, with all the 
privileges and appurtenances to the same belonging. To 
have and to hold the same, to him, the said E. F., and his 
heirs and assigns forever. And I, the said A. B., for myself, 
and: my heirs, executors, and administrators, do hereby cove- 



PROBATE FORMS. 347 

nant with the said E. F., his heirs and assigns, that. I am the 
lecral administrator of said estate ; that I have conformed to 
all the requirements of the law in obtaining license and mak- 
ing sale as aforesaid ; and that I have good right, and lawful 
authority to sell and convey said lands, as aforesaid. 

In witness whereof, I, the said A. B., have hereunto set 
my hand, and seal this day of , 18 — . 

[The date should be the day of sale.] 
Signed, sealed and delivered, ) A. B. [seal.] 

in presence of . J 

Note. Administrators should preserve all the evidence 
of having advertised and sold the estate. 



[34]. PETITION FOR AUTHORITY TO CONVEY REAL ESTATE 

OF A PERSON DECEASED, IN COMPLIANCE OF A BOND 

OR CONTRACT MADE BEFORE HIS DEATH. 

To the court of probate in and for the county of — — 

A. B., of , respectfully represents that C. D., late of 

on the day of , being then in full life, by his 

agreement in writing of that date, by him duly subscribed, 
and here in court to be produced, bound himself to convey, 
by good and sufficient deed, to your petitioner the following 
described real estate, [describe it] upon condition that your 

petitioner paid or caused to be paid to him, the sum of 

dollars. Now your petitioner avers, that he has fully per- 
formed the condition aforesaid, on his part to be performed, 
[or, stands ready to perform it ;] but the said C. D. has been 
prevented by death from making and executing a deed as 

aforesaid : [or, ] and your petitioner further represents, 

that E. F., of , is the legal administrator of C. D.; 

wherefore he prays your honor to grant license to said E. 
F., empowering him to make and execute a deed to your 
petitioner, pursuant to the obligation aforesaid. A. B. 



348 MAINE TOWNSMAN. 

[35.] FORM OF PETITION FOR ADMINISTRATOR OR EXEC- 
UTOR TO SETTLE HIS ACCOUNT. 

To the honorable judge of probate for the county of 



A. B., of C, heir of C. D., late of E., in said county, de- 
ceased, respectfully represents that on the day of , 

E. F. was duly appointed administrator [or executor] of said 
C. D., and that one year has elapsed since the appointment 
of said administrator [or executor.] Wherefore he prays 
that the said E. F. may be cited to settle his account, and 
distribute the balance among the heirs of said deceased ; 
and failing to do so, that he may be removed from the said 
office and trust ; [or, that license may be granted to com- 
mence and prosecute a suit on his bond.] 



[36.] COMPLAINT AGAINST ONE WHO HAS BEEN ENTRUST- 
ED WITH PART OF THE DECEASED^ ESTATE, AND 
REFUSES TO RENDER ACCOUNT. 

To the honorable judge of probate for the county of . 

Complains upon oath, C. D., executor of the last will and 
testament [or, administrator upon the estate] of A. B. late 

of -, deceased, that he, some time since, entrusted E. F., 

of , with , being a part of the estate of the said 

A. B., deceased, and that the said E. F. has refused to render 
account thereof to your complainant, although he has been 
requested so to do. Wherefore he requests that said E. F. 
may be summoned before your honor to render such account, 
as by law he ought to do. C. D. 

Dated, 



[37.] COMPLAINT AGAINST ONE WHO IS SUSPECTED OF 
CONCEALING GOODS OF A DECEASED PERSON. 

To the honorable judge of probate for the county of - 



Complains upon oath, C. D., administrator upon the estate 

of A. B., late of , deceased, that he has good cause to 

suspect that E. F., of , has concealed, or conveyed 



PROBATE FORMS. 349 

away , part of the estate of the said deceased ; where* 

fore he requests that said E. F. may be cited before your 
honor, to be examined concerning the premises, or otherwise 
dealt with as the law in such cases directs. 

CD. 
Dated. 



[38.] PETITION FOR DIVISION. 

To the honorable judge of probate for the county of . 

A. B. of C, in said county, respectfully represents that he 
is seized as an heir with others, [name them] in the real es- 
tate whereof B. B., late of , died seized and possessed, 

an inventory whereof has been duly returned into the pro- 
bate office ; that his portion of the same is [one third] which 
he is desirous of holding and possessing in severalty. He 
therefore prays that your honor would grant a warrant to 
suitable persons, authorizing them to make a division of said 
estate, and set off to each heir his proportion of the same. 

A. B. 

Dated. 



[39.] PETITION FOR DIVISION ACCORDING TO THE WILL. 

To the honorable judge of probate for the county of . 

A. B., of , respectfully represents that he is devisee 

of C. D., late of , in said county, deceased ; that he 

holds by virtue of the last will and testament of said de- 
ceased, in common and undivided with [name them] the 
following described real estate, [describe it ;] an inventory 
whereof has been duly returned into the probate office ; that 
the share of your petitioner is [one fifth] which he is desir- 
ous of holding and possessing in severalty ; wherefore he 
prays that partition of said estate may be made among all 
the devisees aforesaid, pursuant to law. A. B. 

Dated. 



350 MAINE TOWNSMAN. 

[40.] commissioners' return. 

Pursuant to the annexed warrant, we, the undersigned, 
commissioners, having notified E. F., G. R., I. H., heirs, 
[and L. M., tenant in common] who were present, [state 
who were present] have apprised all the real estate of which 
the said S. H. died seized and possessed, as follows, viz : 

We have also set off to E. F., eldest son of said deceased, 

the following described piece or parcel, [description 

ought to be accurately made ;] and, whereas, the following 
described piece of land, [describe it] cannot be subdivided 
without great inconvenience, and is of greater value than the 
share of an heir, we have set off the same to G. E., and do 

award that he pay the sum of dollars to I. H., one of 

the heirs of said deceased, in such manner and time as the 
judge may direct. 

[If a division cannot be made, add,] 

And we are of opinion that the said real estate cannot be 
divided among the heirs [or devisees] without great prejudice 
to or spoiling the whole. 

E. F. 

G. R,. \ Commissioners. 



Dated. 



E. F. \ 
G.R. } 
I. H. j 



[41.] COMPLAINT AGAINST ONE WHO REFUSES TO PAY 
HIS PROPORTION OF THE CHARGES OF DIVISION. 

To the honorable judge of probate for the county of - 



A. B., of ^ complains that C. D. has neglected, and 

does still neglect to pay his proportion, being part of 

the charge of dividing the real estate of E, B., late of , 

as settled and allowed by your honor, on the day of 

He therefore prays your honor to grant him a warrant of 
distress against the said C. B. for the said sum of dol- 
lars, together with the costs of this complaint, and that pro- 
ceedings may be had thereon, A. B. 

Dated. 



PROBATE FORMS, 35} 

[42.] PETITION FOR LICENSE TO SELL THE REVERSION OF 
THE WIDOW'S DOWER. 

To the honorable judge of probate for the county of - 



A. B., executor of the last will and testament [or admin- 
istrator of the estate] of C. D., late of , deceased, re- 
spectfully represents that the claims of creditors on said es- 
tate [which has been represented insolvent, as allowed and 
exhibited by the commissioners who were appointed to re- 
ceive and examine the same,] amount to more than the per- 
sonal estate was sufficient to pay ; that he has petitioned the 

court, and obtained license to sell the real estate of said 

deceased, consisting of , except the widow's dower 

thereof; but as it is probable that the same will not sell for 
a sum sufficient to pay the whole of said claims, and that it 
would in his opinion, sell for a higher price, [or be more for 
the interest of the creditors and,] if the reversion of said 
dower were sold at the same time. He therefore requests 
your honor to order him to sell the same according to law. 

A. B. 

Dated. 



[43.] PETITION FOR LICENSE TO SELL THE REAL ESTATE 
OF A MINOR, [OR NON COMPOS.] 

To the honorable justices of the supreme judicial court, next 

to be holden at , in and for the county of , on 

, the day of , 18 — . 

A. B., guardian of C. D., minor, and son of E. F., late of 

, deceased, respectfully represents that the said C. D. is 

interested in the real estate of said E. F., [describe how he 
is interested, what the estate is, and all the circumstances,] 
and that therefore it would be for the benefit of said mi- 
nor, [or non compos] that his said interest in said estate 
should be sold, and the proceeds thereof secured to him on 
interest. 

Your petitioner therefore requests your honors to grant 
him license to make sale of the same, agreeably to the pro- 
visions of law. A. B, 

Dated. 



352 MAINE TOWNSMAN. 

[44.] CLAIM OF APPEAL. 

To the honorable judge of probate for the county of . 

A. B., [executor, administrator, heir or creditor,] of C. 
D., late of P., in said county, deceased, claims an appeal 
from your honor's decree, [state the subject of the decree,] 

made and passed within , last past, viz : at a probate 

court, held at , to the supreme court of probate next to 

be holden at . A. B. 

Dated. 

Note. On claiming an appeal, a bond must be filed. 



[45.] REASONS OF APPEAL. 

A. B., having claimed an appeal from the decree of the 

judge of probate for the county of , and filed his bond 

in the probate office for said county within ten days last past, 
now presents the following reasons of appeal, to the end that 
the same may be received and filed in the probate office 
aforesaid, pursuant to law. 

1st. [State the reasons.] 

2. 



[46.] CONDITION OF BOND ON APPEAL. 

[Obligation as in executor's bond.] 

The condition of the above written obligation is such, that, 
whereas the said A. B., being interested in the estate of C. 

D., late of , did on the day of ■ , from the order 

and decree of the judge of probate aforesaid, made and 

passed at a probate court held , claim an appeal to the 

next supreme judicial court, the supreme court of probate, 

which is to be holden at , within and for the county of 

, on the day of next. 

If therefore the above bounden A. B. shall, at the said 
supreme court of probate, prosecute said appeal with effect, 
and pay all intervening costs and damages, and such costs 



PROBATE FORMS. 



353 



as said court shall tax against him : then the said obligation 
to be void and of no effect, otherwise to remain in full force. 

A. B. [seal] 
Signed, sealed, and delivered ) 
in presence of us, . ) 



[47.] ADMINISTRATION ACCOUNT. 

The first account of administering the estate of C. D., 
late of E., deceased. 

The administrator charges I! And prays to be allowed 
himself for money received, the following payments and 
as follows, viz : charges. 



1S51. For am't of personal estate 

June 1, exclusive of demands, per 

inventory No. 1, 

July 1, By ain't of sales of real es- 
tate sold by license, per 
acc ? t of sales No. 2, 

" 10. By cash collected of sundry 
persons, as follows : 
[Set down items.] 

Aug. 14 By gain on sale nf personal 
estate sold at auction, per 
acc't of sales No. 4. 



1851. 

June 5, To paid F. G., widow, her 
allowance made by order 
of the judge, per receipt 
No. 5. 

I 
July 3, To paid sundry debts to 
different persons, a§ fol- 
lows, viz : No. 6, 
[Set down items.] 

Aug. 1. To expense of administer-: 
ing said estate, viz : 
[Sat down items.] 

Aug. 14! ' 



No. 1. A copy or duplicate of the inventory. 

No. 2. The account of sales of real estate, together with 
the license, and certified by the administrator or executor. 

No. 3. A list containing the debts collected, with names of 
the persons from whom collected, with amount from each 
and date of payment. 

No. 4. The account of sales of the personal estate, certi- 
fied by the administrator. If there should be a loss instead 
of gain, it must be carried to the debtor's side of the ac- 
count. 

No. 5. The order of allowance to the widow, with her re- 
ceipt thereon, of payment. 

No. 6. A list of debts paid, with names of persons to 



354 MAINE TOWNSMAN. 

whom paid, and amount and date of payment, with the vouch- 
ers, numbered to correspond with the entries. " 

If the estate is insolvent, no debts must be paid except 
taxes and funeral expenses ; and therefore No. 6 will not be 
necessary. 



[48.] THE SECOND ACCOUNT OF ADMINISTRATION, IF ANY 
IS NECESSARY, WILL BE AS FOLLOWS. 

A. B's. second account of administering the estate of C. 
D., late of E -, deceased. He charges himself with bal- 
ance of former account, and all further sums received, and 
prays allowance of all further payments and charges as be- 
fore. ' 

Note. Before the settlement of an administration ac- 
count, notice must be given to the persons interested. It 
would save much time and trouble if administrators, before 
settling their account, would exhibit it to the persons interest- 
ed, and obtain their consent in writing ; or if objected to, 
obtain their objection. All charges in administration ac- 
counts, not thus assented to, must be supported by proper 
vouchers. 



[49.] RECEIPT TAKEN BY ADMINISTRATOR ON PAYMENT 
OF CLAIM AGAINST THE ESTATE. 

Portland, November 3d, 1851. 
Received of A. A., administrator of the estate of B. B., 

late of D., deceased, dollars, cents, in full for the 

within note, [or above account] against the deceased. 

D. D. 



PROBATE FORMS- 355 

[50.] RECEIPT OF LEGATEE FOR HIS LEGACY* 

Portland, November 3d, 1851. 
Received of A. A., executor of the last will and testament 

of B. B., late of , deceased, one hundred dollars, [or 

whatever the legacy may be] in full for the legacy bequeathed 
me in and by said last will. D. D. 



[51.] RECEIPT BY HEIR, FOR HIS SHARE IN THE 
PERSONAL ESTATE. 

Portland, November 3d, 1851. 
Received of A. A., executor of the last will and testament 
of B. B., [or administrator of the estate] late of C, de- 
ceased, , in full for my share of the personal estate of 

the deceased. 

Note. An administrator on paying over to an heir his 
distributive share after settlement ; an executor on paying 
to a legatee his legacy ; or a guardian on paying over to his 
ward, or legal representative, his property, must take a re- 
ceipt therefor, similar to the above, and return the same to 
the probate office. 



GUARDIANS- 

[52.] PETITION FOR APPOINTMENT OF GUARDIAN. 

To the court of probate for the county of - 



Respectfully represents A. B.that ,late of — ,in said 

county of , deceased, left, , a minor, under the age 

of fourteen years, who ought to be under the care of a guar- 
dian. He therefore prays that some suitable person may be 
appointed guardian. A. B. 

Dated. 

Note. Several children may be included in the same pe- 
tition, if they are all to have the same guardian. 



356 MAINE TOWNSMAN. 

[53.] CHOICE OF A GUARDIAN BY A MINOR OVER THE 
AGE OF FOURTEEN YEARS.' 

To the honorable judge of probate for the county of - 



Respectfully represents A. B., of , in said county, 

a minor, above the age of fourteen years, and child and heir 

of E. E., late of , in said county of — — , deceased, 

that he does make choice of G. H., late of , in said 

county, to be his guardian. A. B. 

Dated. 



[54.] REPRESENTATION RESPECTING A NON COMPOS. 

To the honorable judge of probate for the county of 



Respectfully represents A. B., of , in said county, 

that C. D., of , is non compos mentis, and incapable to 

take care of himself ; he therefore requests that inquisition be 
made, and a guardian appointed for the said C. D., as the 
law in such cases directs. A. B. 

Dated. 



[55.] RETURN OF SELECTMEN TO THE ORDER OF 
THE JUDGE. 

Pursuant to the foregoing order, we have notified the said 
C. D., to be present before us, who has accordingly attend- 
ed ; and after due examination and inquiry, do adjudge said 
C. D, to be non compos mentis, and incapable to take care of 
himself. \ 

> Selectmen of . 

) 
Dated. 



[56.] COMPLAINT OF SELECTMEN AGAINST AN INTEMPER- 
ATE PERSON. 

To the honorable judge of probate for the county of . 

Complain , , selectmen of the town 

of , that in their opinion C. D., of said town, does by 



PROBATE FORMS. 357 

[recite the particulars of intemperance] so mis-spend, waste 
and lessen his estate, as thereby to expose himself to want, 
and the said town of to charge or expense for his main- 
tenance and support. They therefore request your honor to 
appoint some person or persons, as guardian, or guardians of 
the said C. D. 



> Selectmen of- 



1 [57.] PETITION OF GUARDIAN TO SELL REAL ESTATE. 

To the honorable judge of probate for the county of - 



Respectfully represents A. B., of , that he is guar- 
dian of , minor, and child of , late of , in said 

county, deceased ; that said minor is seized and possessed of 

the following described real estate, situated in , in said 

county, and that it would be for the benefit of said minor 
that the same should be sold, and the proceeds thereof put 
out and secured to him, on interest, viz : [describe the es- 
tate.] Wherefore he prays that he may be licensed and au- 
thorized to sell the same at public auction. A. B. 

Dated. 

The guardian, as well as an administrator and executor, is 
required to give bond, that he will comply with the rules of 
law, and use due diligence in executing the trust, and apply 
the proceeds of the sale according to law. 



[58.] DEED BY GUARDIAN OF MINORS. 

Know all men by these presents, that I, A. B. of 



gentleman, as I am guardian of C. D. and E. F*, minors 
under the age of twenty-one years, by virtue of the power 
and authority granted me in my said capacity by the supreme 

judicial court, holden at , on , in consideration of 

the sum of 4 — •, to me paid by G. H M of , the receipt 

31 



358 M A ' » B T »*N8 ft. 

whereof I do hereby acknowledge, being the highest sum 
bid for the, &c, hereinafter describe], at a public vendue, 
legally had and notified, do grant, bargain, sell and convey 
unto the said G. FT., his heirs and assigns, a certain messuage, 
&c, situate, &c, bounded, &c, and all the privileges and 
appurtenances to the same in any wise appertaining and be- 
longing. To have and to hold the granted premises to him, 
the said G. H, his heirs and assigns, to his and their use and 
behoof forever. And I, the said A. B., for myself, execu- 
tors and administrators, do covenant with the said G. H., his 
heirs and assigns, that the said minors, at the time of execut- 
ing this deed, are seized in fee of the granted premises ; 
that in making the said sale, I have in all things observed the * 
rules and directions of the law, and that I will, and my heirs 
shall, warrant and defend the granted premises to the said 
G. H., against the lawful claims and demands of. the said 
minors, and their heirs, and all persons claiming the same^ 
by, from, or under them, or either of them. 
In witness whereof, &c. 



[59.] PETITION FOR DOWER. 

To the court of probate for the county of . 

C. B., widow of A. B., late of ; in said county, de- 
ceased, respectfully represents that the deceased died seized 
and possessed of real estate in this State, in which she is 
lawfully entitled to dower ; that no part thereof has been as- 
signed to her by the heirs or tenants of the freehold, and that 
she is desirous of possessing and occupying the same in 
severalty ; she therefore prays that her dower in said estate 
may be assigned and set out to her, and that commissioners 
may be appointed for that purpose, pursuant to law. 

Dated this — — day of , 18 — . 

Note. Upon the . foregoing petition, a warrant is issued 
by the judge, appointing three commissioners to assign and 
set off her dower. 



PROBATE FORMS. 359 

[60.] RETURN OF COMMISSIONERS' ASSIGNMENT OF DOWER. 

Pursuant to the annexed warrant, the undersigned com- 
missioners have been sworn, and have notified A. B., C. D M 
E. F., and heirs, [and G. F., tenant, if the estate is in com- 
mon] who were present, [state who were present.] We then 
appraised all the real estate of which the said G. H. died 
seized and possessed, viz., [here make a particular descrip- 
tion of the same, as in a deed.] 

One hundred acres of land situated in said P , and 

bounded as follows, [describe the boundaries] with the dwell- 
ing house and barn thereon. 



Appraised at $2000 
Wood lot " 200 
Pew " 50 



82250 



Income $60 
3 



$63 



one third part of the amount of income is $21. 



We do assign and set off to said F. H. for her dower, the 
following described parcels of the real estate aforesaid, [de- 
scribe the part set off, yielding one third of the income.] 

A. B. 
CD. 
E. F. 
Dated at . 

Note. Lands which yield no annual income ought not 
to be assigned for dower. 



[61.] PETITION FOR FILING AND RECORDING A COPY OF A 
WILL PROVED OUT OF THE STATE. 

To the honorable judge of probate for the county of 



A. B., of P , [or C. D., an heir or creditor,] respect- 
fully represents that N. D. late of P., has deceased, testate ; 
that his last will and testament has been duly proved and al- 
lowed in [insert the court ;] that your petitioner was appoint- 
ed executor of said will, and letters testamentary have been 



360 MAINE TOWNSMAN. 

granted him by said court ; a copy of which will and of the 
probate thereof is here in court produced ; and your peti- 
tioner further represents that the said N. D., died possessed 
of real or personal estate [describe it and where situated] in 

said county of , on which said will operates, and which 

ought to be administered according thereto. 

Wherefore he prays that the copy of said will and probate 
may be filed and recorded in the probate office in said coun- 
ty of , and such proceedings had thereon as to law and 

justice shall appertain, A, B. 

Dated. 



[62.] CAVEAT OR REQUEST OF A PERSON INTERESTED, TO 

BE NOTIFIED BEFORE ANY PROCEEDINGS ARE HAD IN 

THE PROBATE COURT IN A CERTAIN ESTATE. 

To the court of probate for the county of ■ 



Respectfully represents A. B., of C, in said county, that 
he is one of the heirs of, and interested in the estate of C. 

D., late of F , in said county, deceased. Wherefore he 

prays that no administration on said estate may be granted, 
or [vary the form to suit any case] until your petitioner has 
been duly notified thereof. A. B, 

Dated. 

[63.] NOTES, 

An administrator or executor should protect all the inter- 
ests of the estate he represents. If the estate is solvent, he 
is the agent or trustee of the heirs. If insolvent, of the 
creditors. Negligence and delay in settling estates proves 
detrimental to the interest of the heirs and creditors. 

1. He should therefore cause the inventory to be imme- 
diately taken. ^ 

2. He should cause the widow's allowance of personal 
estate to be obtained. 

3. He should, (if he do not take the personal estate at the 
appraised value,) obtain a license to sell it, and make sale 
t hereof ; otherwise he is liable at the inventory. 

4. He should be vigilant in collecting all debts due the 
estate, and in ascertaining all debts against the estate, 



PROBATE FORMS. 3g£ 

5. If the estate is solvent, he should pay all debts so soon 
as he has funds. 

6. If the estate is insolvent, he should apply for license to 
sell the real estate, file a petition, and obtain an order of no- 
tice. At this time, he must exhibit an accurate list of all the 
out-standing debts, and an estimate of all the expenses of 
administration ; and the amount of all the available funds 
due the estate. Before selling the real estate, he should 
cause the widow's dower, if any, to be assigned, 

7. If the estate is insolvent, the administrator should ap- 
ply for a commission of insolvency, and procure license to 
sell all the real estate. He must see that the report of the 
commissioners is completed and duly returned, and that the 
order of notice is taken out and published. 

8. Before the administrator can settle his final account, a 
notice thereof must be given, and he must show that such 
notice has been published. His account, if practicable, 
should be exhibited to the heirs or creditors for their exami- 
nation. 

9. When the estate is large, and it is necessary to settle 
an account previous to the final account, the proper time to 
do it is after the sale of the personal estate. 

10. When the deceased person was member of a partner- 
ship, the whole partnership property shall be appraised, and 
the deceased person's share shall be carried out in the inven- 
tory. The property may then be left with the surviving 
partner, who shall give bond for its faithful management, and 
for the payment of the deceased's proportion over to the ad- 
ministrator, after settling the partnership debts. See Revised 
Statutes, c. 107, § 26, &c. 



MISCELLANEOUS FORMS, 



DEPOSITIONS. 

Form of summons to deponent. 
ss. To C. D., of , in the county of 



Greeting. 

Whereas, A. B., of -, in the county of , has re- 
quested me to take your deposition, to be used in an action 

now pending between him and E. F., of , in the county 

of , and the , of , in the town of -, a 

the day of , at — of the clock, in the n 

are the time and place appointed for taking the same de 
sition ; you are therefore required, in the name of the s 

of , then and there to appear, to testify what vou kr > 

relating to said action. 

Dated this day of , A. D. 18—. 

Justice of the Peace. 



Form of citation to the adverse party. 
ss. To , of , in the county of 



Greeting. 

Whereas, A. B., of , has requested that the deposi- 
tion of C. D., of , may be taken to be used in an action 

of , pending between you and the said A. B., and the 

of , in , and the day of , at . 

of the clock in the noon, are the time and place 

appointed, for said deponent to testify what he knows relat- 
ing to said action ; you are hereby notified that you may be 
present and put such questions as you may think fit. 

Dated this day of , A. D. 18—. 

Justice of the Peace, 



364 MAINE TOWNSMAN 

Form of a Caption of a deposition, 
ss. On the day of , 1851, personally 



appeared the within named A. B., at the office of , in 

in said county, and being first sworn to testify to the 

truth, the whole truth and nothing but the truth, relative to the 
cause for which his deposition was to be taken, gave the fore- 
going deposition, which was reduced to writing by me, in 
his presence. Taken at the request of E. F., to be used 

in an action of , now pending between him and , 

before [here state the court, justice or referees, and the time 
and place of trial.] And the adverse party was notified to 
attend, and was present, [or not.] The said deponent living 
more than thirty miles from the place of trial [or, being so 
aged, infirm, or sick, as not to be able to attend the place of 
trial, or residing out of the state, or being bound to sea on 
a voyage, or being about to go out of the state, before the 
session of the court, and not to return m time for the trial, or 
being confined in prison,] is the cause of taking this depo- 
sition. 

Note. Such deposition maybe delivered by the justice 
or notary to the court, or referees, or be enclosed and sealed 
up by him, and directed as follows : 

To the honorable, the justice of the court, next to be 

holden at , within and for the county of -, on the 

day of , next. 

The deposition of — , to be used in case of A. B. 

vs. C. D., now pending in said court. 

Taken and sealed up by me. 

Justice of the Peace, 

The law requires that the deponent must be sworn before 
giving his deposition. 

Deposition in Perpetuam. 

When any person wishes to perpetuate the testimony of 
any witness, he must make a statement in writing, on oath, 
to a magistrate, requesting the person selected to take the 
deposition of such witness, who is required to give notice to 
all persons named in the statement, as interested. 



.MISCELLANEOUS FORMS. 3^5 

1. Form of statement. 

To A. B., justice of the peace and quorum, for the county 
of . 



C. D., of , in the county of , and state of 



respectfully makes the following statement, to wit : [ here set. 
forth in substance, his title, interest, or claim, in or to the 
subject to which the desired testimony relates, and the names 
of all persons who are supposed interested therein ; and also 
the name of each witness proper to be examined :] where- 
fore he prays that notice shall be given to said , , 

, persons named as aforesaid, that the depositions of said 

-, may be taken before you, in relation to 



the premises, to be preserved in perpetual remembrance. 

CD. 

C , ss. June — , 1851. Personally appeared C. D., 

and made oath that he believes the fores;oino; statement to 
be true. 

Before me, Justice of the Peace. 

2. Form of notice. 
C ss. 



To — , of , in the county of , Greeting. 

You are hereby notified that the deposition of will 

be taken before A. B., justice of the peace and quorum, [or a 

notary public] for the county of , relative to [here state 

the matter to which the deposition relates ;] to be preserved 

in perpetual remembrance of the thing ; and the office 

of , in , and the day of , at — o'clock 

in the noon, are appointed as the time and the place for 

said deponent to testify what he knows relating to the said 
matter. 

Given under my hand [and seal] this day of , 

1851. A. B., Justice of the Peace and Quorum. 

Note. There should be a return and affidavit of service 
of notice. 

3. Form of certificate annexed to deposition. 

-, ss., August — , 18 — . I certify that the annexed 



deposition was taken by me, A. B., justice of the peace and 



366 MAINE TOWNSMAN. 

quorum for said county of ,at my office in , in said 

county, on the day of , 1851, at — o'clock in the 

noon, at the request of , to be preserved in per- 
petual remembrance. And I duly notified , — , who 

were present, [or not as the case may be.] Said deposi- 
tion was reduced to writing by me, was read to and sub- 
scribed by the deponent, in my presence, the said deponent 
having first made oath that he would testify to the truth, the 
whole truth and nothing but the truth, relative to the matters 
for which his said deposition was to be taken. 

A. B., Justice of the Peace and Quorum. 

Note. The said statement, deposition, and certificate, 
should within ninety days be recorded in the registry of 
deeds in the county where the land lies, and, if not relating 
to real estate, in the county where some of the parties reside. 



Form of a submission before a Justice of the Peace. 

Know ail men by these presents, that we, A. 3., of , 

in the county of , and C. D., of , in the county of 

-, have agreed to submit the demand made by the said 

-, against the said , which is hereunto annexed, 

[" and all other demands against the parties," as the case 

may be,] to the determination of , the report of whom 

[or the major part of whom] being made within one year 

from this day to the district court for the said county of , 

the judgment thereon shall be final. And if either of the 
parties shall neglect to appear before the referees, after 
proper notice given to them of the time and place appointed 
by the referees for hearing the parties, the referees may pro- 
ceed in his absence. 

Dated this day of , A. U. A. B. 

C. D. 



Acknowledgment. 

C , ss., June — 18 — . Then personally appeared the 

above named A. B. and C. D., and acknowledged the fore- 
going instrument, by them subscribed, to be their free act. 

Justice of the Peace. 



flH SO ELL AN EO US FORMS. 357 

Form of demand annexed. 

A. B. of , demands against C. D. of , ,the sum of 

forty-five dollars, being the price of one yoke of oxen, sold 
and delivered by said A. B. to said C. D. [or the amount 
of the account hereto written.] 



Notice by chairman of referees. 



To A. B. of . 

I have appointed the day of , at o'clock 

in the noon, at the dwelling house of , in , 

county of , the time and place for hearing the parties 

in the case submitted to us by C. D. and yourself. E. T. 

Dated. 



Arbitration Bond. 

Know all men by these presents that I, A. B., of , am 

held and firmly bound to C. D., of , in the sum of 

dollars, to be paid to said C. D., to which payment I bind 
myself and my heirs firmly by these presents. 

Sealed with my seal. 

Dated the day of , 18 — . 

The condition of this obligation is, that if said A. B. shall 
perform the award of , referees mutually chosen to ad- 
judge and determine concerning all demands existing between 
the parties, so as said award is made in writing, then this 
obligation shall be void. A. B. [Seal.] 

Form of award. 

The referees named in the annexed agreement, having 
given to the parties due notice of the time and place of hear- 
ing, and having all heard, examined, and considered the 
allegations, evidence and witnesses of both parties, do award 

that the said A. B. recover of the said C. D.,the sum of 

dollars, and costs of reference, taxed at dollars. 

E. F. \ 

L. M. > Referees. 

J. R. ) 



358 M A l xN E T ° vv N s M A N - 

Bill of sale of Goods. 

Know all men by these presents that I, A. B., of , 

merchant, for and in consideration of the sum of dol- 
lars, to me in hand paid by C. D., of the same place, at and 
before the sealing and delivery of these presents, (the re- 
ceipt whereof is hereby acknowledged,) have bargained, sold 
and delivered, and by these presents do bargain, sell and de- 
liver unto the said C. D. [here insert the particulars.] To 
have and to hold the said goods unto the said C. D., his exe- 
cutors, administrators and assigns, to his and their own proper 
use and benefit forever. And I, the said A. B., for myself, 
and my heirs, executors and administrators, will warrant and 
defend the said bargained premises unto the said C. D., his 
executors, administrators, and assigns, from and against all 
persons whomsoever. 

In witness, &c. 

Note. No contract for goods, &c, for thirty dollars or 
more, shall be good unless the purchaser accepts something 
in earnest to bind the bargain, or some note in writing be 
signed by the party charged, or his agent. 



Letter of Attorney. 

Know all men by these presents that I, A. B. of , do 

appoint C. D., of , my attorney, for me, and in my 

name, and to my use, (or his use,) [here recite the special 
purposes of the power ;] to demand, recover, and receive of 

E. F. of , [all sums of money, debts and demands 

whatsoever, which are now due and owing to me by or from 
said E. F.;] [or, if to receive a legacy, say, "from I. B., 
executor of the will of A. B., late of , deceased, a lega- 
cy of dollars, bequeathed by said A. B., by his will, 

dated the , to be paid to me on " ;] [or, if to re- 
ceive rent, say, " from E. F., of , all rent which is or 

may become due from him, for , leased by me to 

him";] [or, if to receive money due on a bond, say, " of 

E. F. of , the sum of , due to me by his bond, 

dated "] [or, if to receive sailor's wages, say, " from 

any person, all such sums of money as are or may be due 



MISCELLANEOUS FORMS. 3gg 

me for wages from any vessel to which I do or shall belong;"] 
and to commence and prosecute to final judgment all pro- 
cesses in law or equity ; to defend all suits against me ; and 
to settle and compromise all matters in dispute, or submit the 
same to arbitration ; and sufficient discharges for the same, 
for me and in my name, to execute and deliver ; and to do 
all other things concerning the premises, as fully as I myself 
could do if I were personally present ; hereby ratifying and 
confirming all the acts of my said attorney, or of his sub- 
stitutes, by virtue of these presents. 

In testimony whereof, I have hereunto set my hand and 

seal the day of . 

Signed, sealed and delivered, ) A. B. [seal.] 

in presence of . ) 

Note. If the letter of attorney go into another State, it 
should be acknowledged before a justice of the peace, or 
notary public. 

Revocation of a Power of attorney. 

To all persons to whom these presents shall come, A. B. of 
, sendeth greeting. 

Whereas I, the said A. B., by my letter of attorney bear- 
ing date , did constitute, &c, C. D. my attorney for 

certain purposes, and with certain powers in the said letter of 
attorney contained : Now know ye that I, the said A. B., for 
diverse considerations me hereunto moving, have made void 
and revoked, and do hereby make void and revoke, the said 
letter of attorney, and all and singular the powers given by 
virtue thereof. A. B. 

In witness, &c. 

Guarantee for payment of goods sold to a third person. 

Sir: 
In consideration of your having agreed to sell to C. D., 

of , in the way of his trade, such goods as he may call 

for, I, the undersigned A. B., do hereby promise to guaran- 
tee to you, the said A. B., that said C. D., shall make due 
payment for such goods as you may sell to him or his order, 
32 



370 MAINE TOWNSMAN. 

according to the credit that may be agreed on for the same, 
without notice of any neglect or omission on the part of said 
C. D., in the payment of such goods ; provided my liability 

shall not exceed, at any one time, the sum of dollars. 

And this guarantee shall continue in force until the expira- 
tion of one year from this date. 

Dated. A. B. 

To Mr. E. F. 



COPARTNERSHIP. 

Agreement of Copartnership* 

A. B., of , and C. D., of , agree as follows : 

The parties agree to become partners for the purpose of buy- 
ing and selling such goods as are usually kept for sale or 

purchased at a retail store in the town of , for five years 

from this date. 

1. The style of said copartnership shall be, and 

Company. 

2. Said parties have each contributed one thousand dol- 
lars as the capital stock of said firm. [Or as the case may 
be.] 

3. All profits shall be equally divided ; and all expenses 
of the business, and all losses, shall be equally borne in com- 
mon. 

4. Both parties shall give all their time and attention to 
the business of said firm for the common benefit ; and neither 
party shall engage in any trade or business for his private 
advantage. 

5. Correct books of account shall be kept, which shall al- 
ways be open to the inspection of both parties, or their legal 
representatives, in which shall be regularly entered all mon- 
ies received and paid, and all purchases, sales, transactions 
and accounts relating to the business of said firm. 

6. An account of stock shall be taken, and the accounts 
between the said parties shall be settled as often as once in 
every year, and oftener if requested in writing by either 
party. 

7. Neither of the said parties shall become surety for any 



MISCELLANEOUS FORMS. 211 

person, or bind the firm as surety, in any case, without the 
written consent of the other. 

8. No money or other property shall be withdrawn by 
either party, or applied to his own use, except with the writ- 
ten consent of the other party ; and in every such case the 
same shall be charged, and his share of profits reduced in 
proportion to the amount withdrawn. 

9. At the close of the partnership, the stock, property and 
debts, shall be equally divided, after paying the debts and 
liabilities of the firm. 

Witness our hands and seals, this day of , A, 

D. 18. A. B. [seal/ 

Signed, sealed and delivered, ) C, D. [seal. 

in the presence of J 

Note. The first entry in the day-book, should be the 
above agreement. 



. Agreement to continue a Partnership. 

We, the within named A. B. and C. D., do by these pres- 
ents, declare and mutually covenant and agree unto and with 
each other, his and their executors, administrators and as- 
signs, to continue the joint trade and partnership within men- 
tioned for the further term of years, if both of us shall 

so long live, to be accounted from the expiration of 

years from the day of -, 18 — , with all the proviso- 
ions and restrictions herein contained. 

In witness, &c. 



A dissolution of Copartnership. 

A. B., of — — , and C. D., of , agree as follows : 

The partnership existing between said parties, under the firm 

of , is dissolved. Said A. B.,in consideration of $ , 

paid to him by said C. D., grants and assigns to said C. D. 
all his interests and right in all the goods and stock of said 
firm, and in all the debts and demands due said firm ; with 
full power to collect them by suit or otherwise in the name 
of said A. B., and for his own use. 



372 MAINE TOWNSMAN. 

Said A. B. agrees that he will not do any, act by which 
said C. D. may be delayed or hindered from collecting any 
of said debts or demands ; and that he will, on request, exe 
cute any proper instrument for enabling said C. D. to collect 
the same. 

Said C. D. agrees to pay all debts and demands existing 
against said firm, and to indemnify and save harmless said 
A. B. from any loss, cost, damage or expense, to which he 
may be subject by reason of the same. 

Witness our hands and seals, the — ■ — day of , 18 — . 

Signed, sealed, and delivered ) A. B. [seal.] 

in presence of . J C. D. 



seal.] 



Notice on dissolution of Copartnership. 



Notice is hereby given that the partnership lately subsist- 
ing between A. B. and C. D., both of , under the firm 

of , expired on , [or was dissolved on , by 

mutual consent.] All debts owing to the said partnership 
are to be received by said A. B., and all demands on the said 
partnership are to be presented to him for payment ; [or A» 
B. is authorized to settle ail debts due to and by the said 
company.] 



Notice where one partner only leaves the firm. 

Notice is hereby given that the partnership between A. 

B. and C. D. and E. F. was dissolved on the day of 

, so far as relates to the said E. F. All debts due to 

the said partnership are to be paid, and those due from the 

same, discharged at the store of the late firm, in , 

where the business will be continued under the firm of B. 
andD. 

Note. It is proper to publish a notice immediately after 
a dissolution of a partnership, for- the information of the 
public at large, and to send a special notice to all persons 
who had dealings with the company. 



MISCELLANEOUS FORMS. 373 



Limited Partnerships in Maine. 

Persons forming such partnerships, shall sign a certificate 
as follows : 

Notice is hereby given that the subscribers have formed a 
partnership, under the name or firm of Wilcox & Rice ; that 

• George Wilcox, of , and Charles Rice, of , are 

general partners, and Thomas Anderson of , is special 

partner ; and that said special partner has contributed to the 
common stock of said partnership the sum of five thousand dol- 
lars. The business to be conducted by said firm in the city 

of , is a general commission and forwarding business. 

Said partnership commences on , and is to terminate 

on . 

Dated at Portland, this day of , 18 — . 

George Wilcox. 
Charles Rice. 
Thomas Anderson. 

Note. The above certificate must be acknowledged by 
all the parties, and recorded in the registry of deeds of the 
county ; and after such registry, published in a newspaper 
printed in the county. 



AGREEMENT. 

General form of Agreement. 

Articles of agreement, made and concluded, the day 

of , A. D. 18 — , by and between A. B. of in the 

county of - of the one part, and C. D. of , 

in the county of , and State of Maine, of the other 

part. 

The said A. B., for the consideration hereinafter mentioned, 

doth hereby covenant and agree, that . 

And the said C. D. doth hereby covenant and agree, . 

To the true performance of the several covenants and 

agreements aforesaid, the said parties do hereby respectively 

bind themselves, and their respective heirs, executors and 



374 MAINE TOWNSMAN. 

administrators, each to the other, his executors, administra- 
tors and assigns, in the penal sum of dollars. 

In testimony whereof, they have hereto interchangeably 
set their hands and seals, the day and year above written. 

A. B. [seal.] 
Signed, sealed, and delivered, C. D. [seal.] 

in presence of J. D. and R. H. 



Agreement on sale of Com. 

It is agreed by A. B. of , and C. D. of , as fol- 
lows : 

Said A. B. agrees to sell and deliver to said C. D., at his 
store in — — , on or before the day of , one hun- 
dred bushels of corn, warranted to be good and merchant- 
able. 

Said C. D. agrees to pay said A. B., dollars, in cash, 

in full for said corn, on delivery. 

Witness our hands and seals, the day of , 18 — . 

A. B. [seal.] 
Signed, sealed and delivered, C. D. [seal.] 

in presence of . 



If to convey Land, 

Said A. B. agrees to convey to said C. D. in fee, a certain 
tract of land, [describe the premises] by a warranty deed, in 

common form, for dollars, on or before the next. 

Said C. D. agrees to pay said A. B. dollars for the 

same, on delivery of the deed ; and said C. D. may enter 

upon and occupy the premises, on . 

[Insert a penalty for nonfulfilment.] 



If to build a house. 

Said A. B. agrees to construct and complete for said C. 
D. on lot numbered — , on — — street, in M., a two story 
dwelling house, agreeably to the following plan and specifi- 
cations, signed by the parties ; [here state the plan, &c] to 



MISCELLANEOUS FORMS, 375 

furnish all necessary materials, of good and suitable quality, 
and the work to be done in a thorough and workmanlike 

manner, on or before the next, for the sum of one 

thousand dollars. 

Said C. D. agrees to pay said sum of one thousand dol- 
lars, as follows : [here recite the time and manner of pay- 
ments.] 

Witness our hands and seals, the day of . 



Specifications for the construction of buildings are extremely 
various. All that will be attempted will be to direct atten- 
tion to the particulars which would ordinarily be embraced 
in a specification. 

Specifications. Materials — size of building — height of 
stories. 

Cellar. Size — depth — walls — quality of stone — thickness — 
how laid — posting — underpinning — depth — how hammer- 
ed — lined. 

Cellar windows. How many — where — size — sash— glass. 

Rollway. Where — how constructed — doors. 

Frame. Size of timbers — floor joists — rafters — how far 
apart. 

Roof Pitch — how framed — qualities of boards — shingles, 
quality — length — how laid — weather and saddle boards — 
lead about chimneys — dormer windows — gutters — conduc- 
tors — scuttle. 

Outside. How boarded — clapboards, quality — how laid — 
weather boards — pilasters. 

Chimneys. Foundations — quality of bricks — arch — trim- 
mers — fireplaces, how many — where — what sizes — hearths 
and jams, what — flues — size — separate — plastered — oven 
and ash hole — arched — kind of doors — chimney tops — 
quality of bricks — height. 
Windows. How many — where — size — sashes — springs — 
weights — glass, size — quality — finish — outside — inside — 
shutters — blinds — fastenings. 

Doors. Outside — finish — inside — how many — size — thick- 
ness — pannels — hinges — locks — latches — finish of casings 
— steps — scrapers. 

Floors. Double — under floor — quality of boards — upper — 



376 MAINE TOWNSMAN. 

quality — width — thickness — seasoning — mop boards — 
width, &c. 

Lathing and plastering. Furrings, how close — laths, quali- 
ty — mortar — sand, what — hair — thickness — number of 
coats — how put on. 

Closets. How many — where — shelves — pins. 

Stairs. Front — what — finish — banisters — back, cellar and 
garret stairs. 

Sinks. How many — spouts, what, where — pump, where — 

what. 



Assignment of a Debt or Bond. 

Know all men by these presents that I, A. B., of , in 

consideration of dollars, to me paid by C. D., of , 

do hereby grant, sell and assign to said C. D. a certain debt 

due me from E. F., of , for goods sold and delivered ; 

[or, if a bond, a certain bond, dated the , made to me 

by G. H. for dollars, conditioned for the payment of 

dollars] with full power to collect and discharge or dis- 
pose of the same, in my name, at his pleasure, at his own 
expense and risk. And I do hereby covenant that said debt 
is justly due, and that I have not done and will not do any 
act by which the collection thereof may be hindered or pre- 
vented. 

Witness my hand and seal, the day of , 18 — . 

Signed, sealed, in presence of A. B. [seal]. 



Assignment by endorsement, of a Judgment, Mortgage, or 

Lease. 

Know all men by these presents, that I, E. D., the within 

named, in consideration of dollars, to me paid by L. 

M., of , do hereby grant and assign to said L. M. the 

judgment within mentioned, with full power to recover the 
same for his own use, at his own risk and expense. [If a 
mortgage, say, " do hereby grant and assign to said L. M., 
the within mortgage, the debt thereby secured, and all my 
right to the premises thereby conveyed." [If a lease, then 
say, " do hereby grant and assign to him, the said L. M., 



MISCELLANEOUS FORMS. 377 

the lease within written ; and do hereby covenant that I 
have not done, and will not do any act, by which said lease 
may be impaired."] 

Witness my hand and seal, the day of ■ 



E.D. [seal.] 



Assignment of Dower. 



This indenture made between A. B., of , and E. D.> 

of , widow of CD., late of , deceased, Wit- 
nesses: 

That A. B. hereby assigns to , [name the premises ;] 

to hold to her, during her natural life, as her dower in all the 
lands and tenements whereof the said C. D. was seized at 
the time of his decease ; and said E. D. hereby accepts the 
said premises as her dower in all the said lands and tene- 
ments, and releases her right and claim to all the residue of 
the same lands and tenements. 

Witness our hands and seals, the day of . 

Signed, sealed and delivered, A. B. [seal.] 

in presence of . E. D. [seal,] 

Assignment of a mail's whole estate, in trust for his creditors. 

Know all men by these presents, that I, A. B., of , 

in consideration of one dollar, to me paid by C. D., of • 



and of the trusts herein expressed, do grant and assign to 
said C. D., all my property, estate, rights and credits, of 
every description ; [a schedule thereof is hereto annexed] to 
have and to hold the same to said C. D. and his heirs, in trust, 
to sell and dispose cf said property to the best advantage, and 
collect and convert into money, the said debts and demands ; 
and after deducting from the proceeds of said property the 
expenses incurred by said C. D. in transacting the business, 
and a reasonable compensation for his services, to divide and 
pay the said proceeds among all the creditors of A. B. who 
shall become parties to this assignment within three months 
from the date hereof, in equal proportion of their respective 
claims. 

C. D. agrees to execute said trust, being responsible only 




378 MAINE TOWNSMAN. 

for his actual receipts or wilful defaults. -The creditors 
whose names are subscribed agree to said assignment, and 
that this instrument shall be a release in full of all their 
claims, whenever their just proportion of all the proceeds of 
said property shall be paid. 

Witness our hands and seals, the 
18—. 

Signed, sealed and delivered, 
in presence of . 

Note. This assignment should be acknowledged. 

I do solemnly swear that I have placed and assigned all 
my property, of every description, in the hands of said C. 
D., to be divided among all my creditors, who shall become 
parties to said assignment within three months from the 
date thereof, in proportion to their respective claims. 

A. B. 

C , ss., 18 — . Personally appeared A. B., and 

made oath that the above affidavit, by him subscribed, is 
true. 

Before me, J. L., Justice of the Peace. 

A clause is usually inserted, whereby the creditors cove- 
nant to discharge the debtor, in consideration of the assign- 
ment of his property. 



Declaration of Trust. 

I, A. B., of , do hereby acknowledge and declare 

that a certain writing, [here describe the particular instru- 
ment] is left and deposited in my hands, by and in trust for 

C. D. and E. F., of , to be held by me, and my legal 

representatives only in trust, for the convenience, use, ben- 
efit and advantage of said C. D. and E. F., and their legal 
representatives ; and on demand from them, or either of 
them, that I will produce the same, for the use of either or 
both of said parties. 

Witness my hand, the day of ~, 18 — . A. B. 



MISCELLANEOUS F O R M S. 379 

Bond. 

Know all men by these presents that I, A. B., of C, am 

held and firmly bound to C. D., of L., in the sum of 

dollars, to be paid to said C. D., or his attorney, executors, 
administrators, or assigns, for which payment well and tru- 
ly to be made I bind myself, my heirs, executors and admin- 
istrators, firmly by these presents. 

Sealed with my seal. 

Dated the day of . 

The condition of this obligation is such, that if the above 
bounden A. B., his heirs, &c, do and shall well and truly 
pay, or cause to be paid, unto the above named C. D., his 
executors, &c, the full sum of dollars, with lawful in- 
terest for the same, on next ensuing, without 

fraud or delay, then this obligation to be void ; otherwise the 
same shall remain in full force. A. B.. [seal. 

Sealed and delivered, in presence of . 



Release of debt on mislaid or lost Bond. 

Know all men by these presents, That I A. B., of C, &c. 
have received of C. D., of said C, two hundred dollars, in 

full satisfaction of a certain bond bearing date the day 

of , A. D. 18 — , for the sum of four hundred dollars, 

with a condition to be void on payment of the sum of two 
hundred dollars in two years, made and executed by the said 
C. D. to me, the said A. B., (which bond is now lost or mis- 
laid, so that it cannot be found to be delivered up to the said 
C. D. to be cancelled ;) and I do hereby release and dis- 
charge the said C. D. from all demands which I have against 
him by virtue of said bond. 

In witness whereof I have hereunto set my hand and seal, 
this day of , A. D., 18 — . 

Signed, sealed and delivered 

in presence of A. B. [L. S.] 

J. S. 
S. D. 



38Q MAINE TOWNSMAN. 

Condition to maintain a person. 

[Obligation as in the preceding bond.] 

The condition of this obligation is such, that if the said 
A. B. shall, during the natural life of said C. D., suitably 
support and maintain the said C. D., and provide him with 
suitable clothes, food, drink, medicine and nursing, and all 
other things necessary, in the house of said A, B., [or in 
such suitable house as said A. B. may provide,] then this 
obligation shall be void ; otherwise, the same shall remain 
in full force. 

Condition of indemnity for signing a prolate Bond. 

The condition of this obligation is such, that if said A. B. 
shall indemnify said C. D. against all loss, cost, damage 
and expense to which he may be subjected by reason of his 
signing, at the request, and as surety for said A. B. a bond 
to the judge of probate of the county of , in the penal- 
ty of dollars, conditioned for the faithful discharge by 

said A. B. of his duties, as executor of the will of G. D., 
deceased, then this obligation shall be void ; otherwise, the 
same shall remain in full force. 



Condition of a bond of a treasurer of a company. 

Whereas, the above bound A. B. has been chosen treas- 
urer of the trustees of academy, by reason whereof 

he will receive into his hands divers sums of money, notes, 
chattels and other things, the property of said trustees ; now 
the condition of this obligation is such that if the said A. B., 
his executors or administrators, at the expiration of his said 
office, upon request to him or them to be made, shall make 
and give unto the said trustees, a true and just account of all 
such sum or sums of money, notes, chattels and other things, 
as have come into his hands or possession as treasurer afore- 
said ; and shall pay and deliver over to his successor in 
office, or any other person duly authorized to receive the 
same, all such balance or sums of money, notes, chattels 



MISCELLANEOUS FORMS. ggj 

and other things, as shall be in his hands and due by him to 
the said trustees, then this obligation to be void ; otherwise, 
&c. 

Condition to a town for the support of a bastard child. 

The condition of this obligation is such, that if the said 

A. B. shall indemnify the said town of from all expen- 
ses, costs and damages, which may accrue by reason of the 
birth, maintenance, or education of a certain bastard child 
with which one E. F. is now pregnant, and of which said 
E. F, has on oath complained that said A. B. is the father, 
then this obligation shall be void ; otherwise, &c. 

Condition to pay a woman for the support of a bustard child. 

The condition of this obligation is such, that if said A. 

B. shall pay to said C. D., towards the support and mainte- 
nance of -a bastard child of which said C. D. has lately been 
delivered, and of which said C. D. has on oath complained 

that said A. B. is the father, per week, from the 

day of , during years, if said child shall so long 

live, then this obligation to be void, otherwise, &c. 



Mortgage Deed. 

Know all men by these presents that I, William Allen, of 
Gorham, in the county of Cumberland, and state of Maine, 

trader, for and in consideration of dollars paid by 

Charles Knox, of Alfred, in the County of York, and state 
aforesaid, yeoman, the receipt whereof I do hereby ac- 
knowledge, have given, granted, bargained, sold and con- 
veyed, and do hereby give, grant, bargain, sell and convey 
unto the said Knox and his heirs and assigns, forever, [de- 
scribe the premises.] 

To have and to hold the said premises, with all the priv- 
ileges and appurtenances to the same belonging, to the said 
Knox and his heirs and assigns forever. And I do covenant 
33 



2g2 MAINE TOWNSMAN, 

with the said Knox, his heirs and assigns, that I am lawfully 
seized in fee simple of the afore granted premises ; that they 
are free from all encumbrances ; that I have good right to 
sell and convey the same, in manner aforesaid ; and that I 
and my heirs will warrant and defend the same to the said 
Knox and his heirs and assigns forever, against the lawful 
claims of all persons.' 

Provided, nevertheless, that if I, the said Allen, my heirs, 
executors, or administrators, shall pay to the said Knox, his 
heirs, executors, administrators, or assigns, the sum of five hun- 
dred dollars, with interest, within one year from date, agree- 
ably to my note of even date for that sum, payable to said 
Knox or order, then this deed shall be void ; otherwise it 
shall remain in full force. 

In witness whereof, I have hereunto set my hand and seal, 

this day of , A. D- 18—. 

William Allen, [seal.] 

Signed, sealed and delivered, in presence of ■. 



State of Maine. 

Cumberland, ss., , 18 — . The above named William 

Allen acknowledged the foregoing instrument to be his vol- 
untary act and deed, before me, 

A. D., Justice of the Peace* 

Note. 1. In a mortgage deed, maybe inserted a proviso 
to keep the premises insured. 

Provided, nevertheless, that the said William Allen shall 
keep the buildings standing on the land aforesaid insured 
against fire, in a sum not less than dollars, for the ben- 
efit of said mortgagee, and his executors, administrators 
and assigns, at such insurance office as said Knox shall ap- 
prove. 

2. Condition that mortgager shall occupy. 

Provided that, until condition broken, said William Allen, 
doing no waste, shall retain possession of said premises, for 
his own use. 



MISCELLANEOUS FORMS. 333 

Mortgage deed of personal property. 

Know all men by these presents that I, A. B. of , in 

the county of , in the state of , gentleman, in con- 
sideration of the sum of one hundred dollars, to me paid by 

, of , in the county of , in the state of , 

esquire, (the receipt whereof is hereby acknowledged,) have 
granted, bargained, and sold, and by these presents do grant, 

bargain and sell, unto the said , the following described 

articles of personal property ; [describe the articles sold ;] 

to have and to hold all and singular, the said , unto the 

said , his executors, administrators and assigns, to his 

and their sole use forever. 

And I, the said , for myself, my executors and ad- 
ministrators, do covenant to and with said , his execu- 
tors, administrators and assigns, that I am lawfully possessed 

of the said as of my own property ; that the same are 

free from all incumbrances, and that I, and my executors, 

&c, will warrant and defend the same to the said , his 

executors, &c, against the lawful claims and demands of all 
persons. 

Provided, nevertheless, that if said , his executors, or 

administrators, shall well and truly pay upon the said , 

his executors, administrators and assigns, [here describe the 
note or debt which the mortgage is given to secure,] then 
this obligation shall be void ; otherwise, to remain in full force. 

And provided, also, that until default by the said , his 

executors, or administrators, in the performance of the con- 
dition aforesaid, it shall and may be lawful for him to keep 
possession of said granted property, and to use and enjoy the 
same ; but if the same, or any part thereof, shall be attach- 
ed before payment, ccc, by any other creditor or creditors 

of said , or if the said shall attempt to sell the 

same without notice to said , and without his assent to 

such sale in writing expressed, then said may take 

immediate possession of the whole of said granted property, 
to his and their own use. 

In testimony whereof I, the said , have hereunto set 

my hand and seal, this day of , A. D. 1851. 

To be acknowledged. . [seal.] 

Note. In Maine, possession of the mortgaged property 



384 MAINE TOWNSMAN. 

should be delivered to, and retained by, the mortgagee, and 
the mortgage must be recorded by the clerk of the town 
where the mortgager resides. 



Quitclaim Deed, 

Know all men by these presents that I, A. B., of C , 

in the county of , in the State of , yeoman, in con- 
sideration of one hundred dollars to me paid by C. D., of 
said C , trader, the receipt whereof is hereby acknowl- 
edged, do hereby grant, release, remise, and forever quit- 
claim unto the said C. D., his heirs and assigns forever, a 
certain tract of land, containing twenty acres, more or less, 
with all the buildings thereon standing, known as the — — 
farm. 

To have and to hold the said premises, with all the priv- 
ileges and appurtenances thereunto belonging, to the saidC, 
D. his heirs and assigns forever ; and I do hereby covenant 
with the said C. D. that I will warrant the said premises to the 
said C. D., and his heirs and assigns, against the lawful claim 
of any person claiming under me. 

[And U. B. wife of said A. B., for the consideration afore- 
said, does hereby release her right of dower in said prem- 
ises.] 

In witness whereof, we have hereunto set our hands and 
seals, this - day of . A. B. [seal.] 

Signed, sealed and delivered, U. B. [seal.] 

in presence of I. I. and K. W. 

State of Maine, July 10, 18 — . The above named A. B. 
and U. B., acknowledged the foregoing instrument to be their 
voluntary act and deed. 

Before J. P., Justice of the Peace. 



Deed of Warranty. 

Know all men by these presents that- 1, A. B., of , in 

the county of , and state of , merchant, for and in 

consideration of dollars, to me paid by C. D., of said 

— — , }^eoman, the receipt whereof is hereby acknowledged, 



MISCELLANEOUS FORMS. 3Q5 

do hereby give, grant, bargain, sell and convey unto the said 
C. D., [describe the premises — if of lands, by bounds ;] a 
certain tract of land, situate in said , warranted to con- 
tain ten acres, by measure, [or, containing ten * acres, more 

or less,] bounded, beginning at a stake on the highway, 

being the south-easterly corner of lands ; thence by said 

highway, south sixteen degrees, forty rods, to a stake by land 

of ; thence south seventy-four degrees west, forty rods, 

to a white oak tree ; thence north sixteen degrees west, forty 
rods, to a sapling pine ; thence north seventy-four degrees 
east, forty rods, to the first mentioned bound, with the build- 
ings standing thereon ; being the same conveyed to me by 
I. G., by. his deed, dated 20th August, 1840, recorded in the 

registry of deeds for the county of , registry — , vol. — , 

page — . 

To have and to hold the above granted premises, with all 
the privileges and appurtenances thereto belonging, to the 
said C. D., his heirs and assigns forever. And I, the said A. 
B., for myself and my heirs, executors and administrators, do 
covenant with the said C. D., his heirs and assigns, that I am 
lawfully seized in fee of the aforegranted premises ; that 
they are free from all incumbrances ; that I have good right 
to sell and convey the same in manner aforesaid ; and that I 
and my heirs, executors and administrators, will warrant and 
defend the same premises to the said C. D., his heirs and as- 
signs forever, against the lawful claims and demands of all 
persons. 

In witness whereof I, the said A. B., and C. B., wife of 
said A. B., in token of her relinquishment of her right of 

dower, have hereunto set our hands and seals, the day 

of , 18—. 

A. B. [seal.] 
C. B. [seal.] 



Deed by Attorney. 

Know all men by these presents, that I, A. B., of , 

&c, by my attorney, CD., duly authorized by letter of 

attorney, under my hand and seal, in consideration of ~ 

dollars, to me paid by E. F., of - — -, do sell and convey 



386 



MAINE TOWNSMAN, 



to said E. F., and his heirs forever, [here describe the premi- 
ses.] 

To have and to hold the said premises, with all the privi- 
leges and appurtenances to the same belonging, to the said 
grantee and his heirs forever. 

And I do covenant with the said grantee and his heirs, 
that I am rightfully seized in fee of said premises ; that they 
are free from all incumbrances ; that I have good right to sell 
and convey the same, in manner aforesaid ; and that I and 
my heirs will warrant the said premises to the said grantee 
and his heirs forever, against the lawful claims of all per- 
sons. 

In witness whereof I have, by my said attorney, hereunto 

set my hand and seal, this day of , 18 — . 

A. B. [seal.] 
By C. D., his attorney. 

Signed, sealed and delivered, in presence of . 

State of , C ss. Then said A. B., [by his at- 
torney C. D., above named,] acknowledged the above instru- 
ment to be his voluntary act and deed. 

Before me, Justice of the Peace. 

Note. The power of attorney should be recorded with 
the deed. 



Deed of Partition. 

This indenture made between A. B.,of , C. D., of , 

and E. F., of , witnesseth, 

That said parties have agreed to make partition of a cer- 
tain tract of land situate in , bounded , containing 

, now owned by them as tenants in common, in manner 

following : 

The said A. B. shall hold in severalty, acres, bound- 
ed . 

The said C. D. shall hold in severalty, acres, bound- 
ed . 

The said E. F., shall hold in severalty, acres, bound- 
ed . 

And to each of said parties and his heirs, the other two 



MISCELLANEOUS FORMS. 337 

parties do grant and release the tract assigned to him as 
aforesaid, to hold to him and his heirs, in severalty forever; 
and do hereby covenant to warrant and defend the same to 
him and his heirs, against the lawful claims of all persons 
claiming under them or either of them. 

In witness whereof, the said A. B., C. D. and E. F., have 

interchangeably set their hands and seals, the day of 

, A.. D. 18—. 

A. B. [seal.] 

Signed, sealed and delivered C. D. [seal.] 

in presence of . E. F. [seal.] 



Deed of gift of Land. 

This indenture made the day of , between A. B., 

of , of* the one part, and C. D., son of A, B. of the 

other part, witnesseth : 

That the said A. B., for and in consideration of the natural 
love and affection which he hath unto the said C. D., hath 
given, granted, aliened, released, and confirmed, and by 

these presents doth unto the said C. D., his heirs and 

assigns, all that tract of land, situate in and , to- 
gether with the privileges and appurtenances to the same be- 
longing ; to have and to hold the same, unto the said C. D., 
and his heirs and assigns. 

In witness whereof, &c. 

To be acknowledged and recorded. 



Form of a Lease. 

This indenture made this — — day of , A. D. 18 — , 

between A. B., of E., in the county of , and state of 

trader, and C. D., of said E., yeoman, witnesseth : 

That the said A. B. doth demise and lease unto said 
C. D. all that [describe the premises ;] to hold for the term 

of years from the date hereof, with all the privileges and 

appurtenances thereto belonging ; yielding and paying there- 
for yearly on every first of , during said term, unto said 

A. B., or his assigns, the yearly rent of dollars, in four 

equal payments, quarter yearly. . 



388 MAINE TOWNSMAN. 

[Here insert an)*- provisos or conditions, such as to terminate 
the lease by notice ; or that the lease shall be void on nonpay- 
ment of rent. 

And the said A. B. agrees with said C. D., that said C. D. 
shall peaceably possess the said premises during said term, 
without the lawful interruption or eviction of any person 
whatsoever. [Here may be inserted any other covenants on 
the part of the lessor ; as covenant to deduct half the taxes 
from the rent, &c] And the said C. D. covenants to pay 
the said rent in manner aforesaid, and to deliver up said 
premises to the said A. B., or his attorney, peaceably and 
quietly, at the end of said term, in as good condition as the 
same now are, reasonable use, wear and tear thereof, and 
fire and other casualty excepted ; and to pay all taxes on said 
demised premises; and that he. will not, during said term, do 
or suffer any waste in the demised premises, [nor underlet the 
same or any part thereof] nor permit any other person to 
occupy the same, or any part thereof; nor make, or suffer 
to be made, any alteration therein, without the consent of 
said A. B., or his assigns, for that purpose ; and also, that 
said A. B., or his attorney or agent, may enter the premises 
for the purpose of viewing and making improvement, at 
reasonable times, in the day time. 

In witness, &c. 

Other covenant may be inserted in a lease. 

1. Covenants to deduct half the taxes from the rent. 
And that the said A. B. will allow out of the rent aforesaid, 

one-half of the taxes which shall be legally assessed on the 
premises, and paid by said C. D. 

2. Covenant on the part of lessee not to overstock the 
pasture. 

And said C. D. will not at any time, pasture or suffer to 
be pastured upon the said premises, or any part thereof, any 
larger stock of cattle than have been usually pastured thereon, 
in the next two preceding years. 

3. Covenant to carry on in a husbandlike manner. 

And said C. D. will, in all respects, manage and carry on 
said premises in a husbandlike manner, according to the cus- 
tom of the country. 

4. Covenant not to till more than a certain quantity , 



MISCELLANEOUS FORMS. 339 

And said C. D. will not have, use or employ, in ploughing 
or tillage, a greater quantity of land than — '■ — acres, at any 
one time, or in any one year, during the term hereby de- 
mised. 

5. Covenant not to keep tavern. 

And that no person shall sell or retail any beer, ale, or 
other liquors, whatever, or keep any victualing, or other 
public house of entertainment, in the buildings on said prem- 
ises, without a license of the said A. B., in writing. 



Brief Lease. 

A. B., of , and C. D., of , agree as follows, to 

wit : 

A. B. leases to C. D., his house in D., [describe the premi- 
ses,] for one year. 

C. D. agrees to pay one hundred dollars a year rent, paya- 
ble , and not to assign or lease the same, nor make altera- 
tions, nor carry on any offensive trade therein, without the 
written consent of A. B.; to quit the same at the termination 
of this lease, and to leave the same in good condition and 
repair, unavoidable casualties excepted. 

This lease shall be void* if C. D. fails to perform this 
agreement. 

Witness our hands and seals, this — — day of , 18 — , 

A. B. [seal.] 
C. D. [seal.] 



Notice from a Landlord to a Tenant. 

Sir : — You being in possession of a certain house and lot 
of ground, with the appurtenances, belonging to me, situate 

in , in Portland, which was demised to you by me for 

five years, which said term will expire and terminate on the 

clay of next ; I hereby notify you that it is my 

desire to have again and repossess the said premises, and I 
do hereby require and demand you to leave the same. 

Witness my hand, the day of , 18 — . A. B. 

To Mr. C. D. 



390 MAINE TOWNSMAN. 

Appre?iticesMp. 

This indenture made this day of , A. D. 18 — , by 

and between A. B. of , in the county of , print- 
er, and C- D., of said - — — , printer, witnesseth : 
That the said A. B. both by these presents, with the con- 
sent of his son, G. W., a minor, above the age of fourteen 
years, signified by his signing this indenture, hereby place, 
bind and indent him to the said C. D., to learn the art and 
trade of a printer, and with him, the said C. D., after the 
manner of an apprentice, to dwell and serve from the day 

of the ensealing hereof, until the , when the said minor 

will arrive at the age of twenty-one years. And during said 
term the said apprentice shall well and faithfully serve his 
said master, and shall give and devote to him his whole time 
and labor ; that he shall not marry during said term, nor use 
ardent spirits, or practice gaming or other unlawful sports ; 
nor waste, injure or destroy the property of his master ; but 
conduct himself in a sober, temperate, honest manner, and 
as a good and faithful apprentice ought to do, during all the 
time aforesaid. 

And the said C. D., for himself, his executors and admin- 
istrators, doth hereby covenant with the said A, B., that he 
will faithfully instruct said apprentice in the art or trade 
aforesaid, as far as said apprentice may be capable to learn, 
and constantly to provide him with good, suitable and suffi- 
cient food, lodging and clothing, and all other things neces- 
sary in sickness and health, and will train him up in the 
habits of industry, temperance and virtue, and pay to the 
said A. B. for the use of said apprentice, the sums of money 
following, namely ; [state the amount and manner of pay- 
ment.] 

And the said G. W. hereby signifies his assent to the terms 
of this indenture, and promises faithfully to keep and per- 
form all things to be kept or performed by him. 

In testimony whereof, the said parties have hereunto set 

their hands and seals this day of . 

A. B. [seal.] 

Signed, sealed and delivered, C. D. [seal.] 

in presence of . G. W. [seal.] 



MISCELLANEOUS FORMS, 39I 

Proxy to vote for Directors. 

Be it known that I, A. B., of , in the county of — 

and state of , esquire, have constituted and appointed, 

and by these presents do constitute and appoint C. D., of 

, to be my true and lawful substitute and proxy, for me, 

and in my name, to vote at any election for directors of 
— ' — , or on any question that may be put at a stated or special 

meeting of the stockholders of the said , as fully as I 

might or could do if personally present. 

Witness my hand, this day of , A. D. 

A. B. 



Marriage Settlement. 

Articles of agreement between A. B. of — — , C. D., of 
, and E. F. of . 

Whereas, said A. B. and said C. D. intend marriage, and 
it is agreed by and between said parties that the real and 
personal estate of said C. D. shall be settled and secured for 
her separate use ; and therefore, said C. D., in consideration 
of one dollar, to be paid by said E. F., sells and conveys to 
him and his heirs, a certain tract of land [describe the real 
estate,] and also the following goods and chattels ; [describe 
the personal estate] to hold the same in trust, for the follow- 
ing purposes, and no other : 

First. That said E. F. shall permit the said C. D. to occu- 
py, improve and manage the said property, and take the 
profits thereof, at her own discretion, and for her own use, 
during her pleasure, without the interference of said A. B., 
of any other person. . 

Second. The said trustee, 'at the request of said C. D., 
shall take possession of said property, and manage and im- 
prove the same to the best advantage, and pay the income 
or profits thereof to said C. D., without the interference of 
said A. B., or any other person. 

Third. The said E. F., at the request of said C. D., shall 
have power to cause any part of the property held by him 
in trust as aforesaid to be sold, and the proceeds thereof in- 
vested in other safe personal estate, or securities, to be held 



392 MAINE TOWNSMAN. 

subject to the same trusts as the property hereby conveyed. 

Fourth. The said E. F. shall, with the assent of said C. 
D., invest any part of the income of said property in real or 
personal estate, or securities, upon the trusts aforesaid. 

Fifth, The said E, F. shall, at the request of said C. D., 
sell and convey any part of said property to such person or 
persons, and for such sum or sums of money, and upon such 
trusts, as said C. D. shall in writing direct. 

Sixth. In case of the decease of said C. D., without de- 
vising or making such direction, said trustee shall convey 
said property to said A. B, or in case of his decease, to such 
persons as would be by law entitled thereto s if she had de- 
ceased intestate or unmarried. 

Seventh. The said E. F. agrees faithfully to execute said 
trusts, being liable only for his actual receipts, or wilful de- 
faults. 

It is further agreed that if, at any time hereafter, any es- 
tate or property shall descend or vest in said C. D., the said 
estate or property shall, by the said A. B. and C. D., be 
conveyed to said E. F., or to such person as may be then 
trustee of said C. D., to hold in trust for the uses above de- 
clared. 

In witness whereof we have 

seals, this day of , A. 

Signed, sealed, and delivered 
in presence of . 

To be acknowledged. 



General release of all demands. 
Know all men by these presents that I, A. B.; of 



hereunto set our 


hands and 


D. 185-. 




A. B. 


[seal.] 


CD. 


[seal.] 


E.F. 


[seal.] 



* 



for and in consideration of the sum of to me paid by 

C. D., of , (the receipt whereof I do hereby acknowl- 
edge,) have remised, released, and forever discharged, and 
I do, for myself, my heirs, executors, administrators and 
assigns, remise, release and forever discharge the said C. 
D., his heirs, executors and administrators, of and from all 
debts, demands, actions and causes of action, which I now 
have in law and equity, or which may result from the exist- 



MISCELLANEOUS FORMS. 393 

ing state of things, from any and all contracts, liabilities, 
doings and omissions, from the beginning of the world to this 
day. 

In witness, &c. A. B. [seal.] 

Signed, sealed and delivered, 
in presence of . 

Brief form of release. 
July 2, 185-. I, A. B. do hereby release to C. D., all 
suits, promises, covenants and demands, which I have, or can 
claim against him. 
In witness, &c, 

In presence of . A. B., [seal.] 



Agreement to compound debts. 

Know all men by these presents, that the subscribers, 
creditors of J. B., of &c, finding that said J. B. is disabled, 
by losses and otherwise, to pay us our respective debts in 
full, do severally and respectively agree with said J. B. to 
accept of him thirty cents for each dollar of our respective 
demands against him, in full satisfaction of the whole of said 
demands, provided the said sum of thirty cents for each dol- 
lar of our said demands is paid to us or our representatives 
within six months from the date hereof. And we do further 
respectively agree, that neither of us, nor any person claim- 
ing under us, will commence or prosecute any action or suit 
in law or equity against said J. B., his goods or estate, within 
said term of six months, nor at any time afterward, in case 
said sum of thirty cents for each dollar shall be paid within 
six months as aforesaid. 

And we do further respectively agree, that if any suit or 
action shall be commenced or prosecuted against said J. B., 
his goods or estate, in violation of this agreement, the said 
J. B. shall thenceforth be forever discharged from all claims 
and demands of the creditor, or in whose right any such suit 
or action shall be brought or prosecuted. 

Witness our hands and seals, the day of , 18 — . 



Signed, sealed and delivered A. B., 

in presence of CD., 

E. F. 
34 



seal, 
seal, 
seal. 



394 MAINE TOWNSMAN, 

Agreement not to sue ; or letter of license. 

Know all men by these presents, that the subscribers, 
creditors of J. B., of, &c, do hereby severally and' respect- 
ively agree with said J. B. that neither of us, nor any other 
person in our right respectively, shall commence or prose- 
cute any suit or action in law or equity, against said J. B., 
his goods or estate, upon any of our respective demands, at 
any time within one year from the date hereof. 

And we do further respectively agree, that if any suit or 
action shall be commenced or prosecuted against said J. B,, 
his goods or estate, in violation of his agreement, the said 
J. B. shall thenceforth, be forever discharged from all claims 
and demands of the creditor by whom or in whose right any 
such suit or action shall be brought or prosecuted. 

Witness our hands and seals, the day of , 18 — . 

Signed, sealed and delivered A. B. [seal." 

in the presence of — ■ — C. D. [seal/ 

E. F. [seal/ 

Advertisement of Lands to oe sold for the payment of Taxes, 

The proprietors of the following tracts of land in the town 
of S. in the county of W. are notified that the same are taxed 
in the tax list committed to the subscriber, the collector of 
taxes for said town of S. for the year eighteen hundred and 
, as follows : 



Name 
of Owner. 



Estates 
taxed. 



Amount of taxes 
on each estate. 



And if no person shall appear to discharge said taxes on 
or before the — day of next at — o'clock in the fore- 
noon (or afternoon) I shall proceed to sell at , {place of 

sale) by public auction, so much of said respective tracts of 
land as shall be sufficient to discharge said taxes and all 
necessary intervening charges. 

A. B., Collector of S. 

S , , 185—. 



MISCELLANEOUS FORMS. 395 

Deed by a Collector of lands sold for taxes. 

To all to whom these presents shall come : I, A. B., a 
collector of taxes for the town of C, in the county of W., 
and State of Maine, for the year one thousand eight hundred 

and , legally chosen and sworn, send Greeting : 

Whereas, the assessors of the town of C. aforesaid have 

assessed CD. of F , the sum of for a tax as a 

[non-resident] proprietor of land in said C. in the list of 
assessments they have committed to me to collect ; and 
whereas, no person has appeared to discharge the said tax, 
although I have advertised the same three weeks successive- 
ly in the W. P., a newspaper printed in the county aforesaid, 
and posted the same advertisement in a public place in the 
town of C. three weeks before the time of sale. Therefore 
know ye, that I, the said A. B., collector of taxes as aforesaid, 
in consideration of the sum of to me paid for discharg- 
ing the said taxes, and necessary intervening charges, by G. 

H. of C, in the county of (addition) do hereby give, 

grant, sell, and convey to the said G. H. and his heirs and 
assigns forever, the following described real estate, being 
a part of the lot taxed as aforesaid, viz. (description) the 
same having been struck off to the said G. H., the highest 
bidder therefor, at a public auction notified and held at the 

house of 0. P. in said C. on the day of . To 

have and to hold the same to the said G. H. and his heirs 
and assigns forever, to his and their use forever ; subject 
1 however to the right of redemption of the owner thereof, or 
his heirs or assigns, at any time within two years from the 
time of sale as aforesaid. And I covenant with the said G, 
H., his heirs and assigns, that I gave notice of the intended 
sale of the said lands according to law, and that I have 
observed the directions of the law in all respects in the 
premises. In witness whereof I do hereunto set my hand 

and seal this day of in the year eighteen hundred 

and . 

Signed, sealed and delivered, 

in presence of A. B. [seal.] 



396 MAINE TOWNSMAN. 

Form of Annual Return made by the selectmen. 
Report of the Selectmen, for the expenses of the town of 



S -, for the year ending 

18—. 

Paid for abatement of taxes, 


on 


the 


- day of — ; — , 






831 00 


Assessor's wages, 






78 70 


Repairs of public 


buildings, 


47 00 


Inoculating for kine pox, 






25 00 


Support of Schools, 






800 00 


Support of Poor, 






390 00 


Recording births and deaths, 






4 50 


Perambulating town lines, 






9 90 


Collector's Commissions, 






37 00 


Stationary, 






4 50 


Military equipments, 






45 00 



1471 70 

Paid toward a farm for support of poor, 1000 00 



$2471 70 

The selectmen further report that they have settled with 
the treasurer, and his account stands as follows : — 
Dr. To balance on hand last year, 1,598 09 

To amount of town grant, 3,200 00 

To overlayings on all the taxes, 94 90 

To highway deficiencies, 19 48 3,314 38 



$4,892 47 



Cr. By amount of orders paid the 

Selectmen, 3,401 91 

By do, paid the overseers of the 

Poor, 600 68—4002 59 



Balance in the treasury, 889 88 

Town orders outstanding, 650 00 



Net balance in favor of the town, 8239 88 

All of which is submitted, 

S -, ., 18—, 



> Selectmen, 



OF CORONER'S INQUESTS. 397 



OF CORONER'S INQUESTS. 

Every coroner shall take inquests upon the view of dead 
bodies of such persons only as shall appear, or be supposed 
to have come to their death by violence ; and not when the 
death is believed to have been occasioned by casualty. R. 
S. c. 176, § 1. 

Every coroner, as soon as he is notified of the dead body 
of any person supposed to have come to his death by vio- 
lence, and lying within his county, shall make out his war- 
rant in the form following, directed to the constable of the 
same town, or any constable of one of the adjoining towns 
in the same county, requiring him forthwith to summon a 
jury of six good and lawful men of the same town or towns, 
to appear before him at the time and place mentioned in said 
warrant. lb. § 2. 

[Seal.] To either of the constables in the town of , m 

the county of , Greeting. 

In the name of the State of Maine, you are hereby 
required, immediately, to summon six good and lawful men 
of said town of , to appear before me, one of the coro- 
ners of the county of , at the dwelling house of 

, [or at the place called — — ,] within said town of 

, at the hour of , then and there to inquire upon 

and view the body of , there lying dead, how and 

in what manner he came to his death. Fail not herein at 
your peril. 

Given under my hand and seal, at , the day of 

, in the year eighteen hundred and . S. F. 

The constable to whom such warrant shall be directed 
and delivered, shall forthwith execute the same, and repair 
to the place where the dead body is, at the time appointed, 
and make return of the warrant with his doings to the coro- 
ner who granted it, or he shall forfeit the sum of ten dollars ; 
and every person, summoned as a juror, who, without rea- 
sonable excuse, shall neglect to attend at the time and place 
appointed, shall forfeit the sum of seven dollars ; to be re- 



MAINE TOWNSMAN. 

covered in an action of debt, in the name of the coroner, or 
the county, and for the use of the county. lb. § 3. 

The coroner shall administer to the jurors, who shall ap- 
pear in view of the body, the following oath : M You solemn- 
ly swear that you will diligently inquire, and true present- 
ment make, on behalf of this state, how, when and in what 
manner, the person whose body here lies dead, came to his 
death, and you shall return to me a true inquest thereof, ac- 
cording to your knowledge and such evidence as shall be laid 
before you : So help you God." lb. § 4. 

If the six jurors summoned should not all appear as com- 
manded, the coroner may require the constable, or any other 
person whom he shall appoint, to return jurors from the by- 
standers to complete the number. lb. § 5. 

An oath of the following form, shall be administered by 
the coroner to the witnesses : 

" You solemnly swear, that the evidence which you shall 
give to this inquest, concerning the death of the person here 
lying dead, shall be the truth, the whole truth and nothing 
but the truth : So help you God." 

The coroner may issue subpoenas for witnesses, to be served 
as in other cases, and the officer serving them shall be en- 
titled to the like fees ; and the fees for the attendance of per- 
sons thus summoned shall be the same as if they had been 
summoned on behalf of the state to attend a justice's court. 
lb. § 7. 

The evidence of all the witnesses shall be in writing, and 
signed by them ; and, if such evidence relate to the trial of 
any person concerned in the death, then the coroner shall 
bind such witness [es] by recognizance, in a reasonable sum, 
for their personal appearance, at the next supreme judicial 
court, to be held in the same county, to give their testimony 
accordingly ; and, on their refusal or neglect so to recognize, 
he shall commit them to prison, and shall return to the same 
court, the inquisition, written evidence, and recognizance by 
him taken. lb. § 8. 

The jurors having been sworn, the coroner shall give them 
in charge, to declare of the death of the person, whether he 
died of felony, mischance or accident ; if of felony, who 
were principals and accessories, the instrument employed, 



OF CORONER'S INQUESTS. 399 

and of all important circumstances ; if by mischance, how 
and in what manner ; if by his own hand, the manner and 
all attending circumstances ; and he shall make proclama- 
tion for all persons, who can give any evidence, to draw near 
and be sworn. lb. § 9. 

The jury having examined the body, heard the evidence, 
and made all useful inquiries, they shall draw up and deliver 
to the coroner, their verdict in writing, under their hand and 
seals, in substance as follows : 

u An inquisition taken at , within the county of , 

the day of , in the year , before S. F., one 

of the coroners of said county, upon view of the body of 
there lying dead, by the oaths of 



, good and lawful men, who being charged and 

sworn to inquire for the state, how, and by what means the 

said came to his death, upon their oaths say : 

[then insert, how, when and by what means, and with what 
instrument he was killed.] In testimony whereof, the said 
* coroner, and the jurors of this inquest, have hereunto set 
their hands and seals, the day and year above said.'" 

If any person, charged by the inquest with having caused 
the death of the person whose body lies dead before them, 
shall not then be in custody, the coroner shall then have the 
same power as a justice of the peace, to issue a warrant for 
the apprehension of such accused person, which may be re- 
turned before any judge or justice of the peace, who shall 
proceed therein according to law. lb. § 11. 

Every coroner within his county, after the return of an in- 
quisition of the jury, upon view of the dead body of a strang- 
er, shall bury the body in a decent manner, and all the ex- 
penses attending the burial, and the expenses of the inquisi- 
tion, shall be paid to the coroner out of the state treasury ; 
provided, the coroner shall notify under oath, that the de- 
ceased was a stranger, not belonging to the state, according 
to his best knowledge and belief ; otherwise, the expenses of 
burial shall be paid to the coroner by the town where the 
body was found, and repaid to such town, by the town to 
which he belonged in the state ; and the expense of the in- 
quisition, by the county. lb § 12. 

In addition to the fees now allowed by law to coroners, 



400 MAINE TOWNSMAN. 

they shall be allowed ten cents a mile for travel, to be com- 
puted from the place of residence of the coroner to the 
place where any inquest shall be taken. Act 1842. 

In all cases where a coroner's inquest shall hereafter be 
lawfully taken within this state, there shall be allowed to the 
coroner, jurors, witnesses, and to any officer or other person, 
required to summon jurors or witnesses, such sums in addi- 
tion to the fees now provided by law, as shall be a suffi- 
cient compensation for the reasonable expenses actually in- 
curred by them, in taking and attending such inquest, and 
serving warrants and subpoenas therefor ; and any coroner 
is authorized, if necessary, to employ some person to watch 
the dead body until such inquest can be taken, for which 
service a suitable compensation shall be allowed and made. 
.Act, 1846. 



ADDENDUM. 



On page 266 of this volume we have given a form of 
11 complaint of three voters, that a certain person keeps 
liquors with intent to sell," in violation of the Act of 1851, 
entitled " An Act for the suppression of drinking houses and 
tippling shops." On account, however, of certain rulings 
by the late judge of the district court for the western district, 
since the above form was put to press, we present the fol- 
lowing as preferable. Of course, the Warrant must follow 
the language of the complaint. 

Complaint of three voters that a certain person keeps liquors 
intended for sale. 

State of Maine. 

Cumberland, ss. 

To A. B., of Esq., one of the justices of the peace 

in and for said county of Cumberland: C. D., E. F. and 

G. H., being voters in said , on the day of , 

in the year eighteen hundred and fifty — , in behalf of said 
State, on oath complain, that they have reason to believe, 

and do believe, that on the day of in said year, 

at said , spirituous and intoxicating liquors were, and 

still are kept and deposited and intended for sale, by J. K., 

of , in said County, said J. K, not being authorized to 

sell the same in said under the provisions of the act 

entitled, " An act for the suppression of drinking houses and 

tippling shops," in , in said ; whereby said liquors 

have become forfeited to be destroyed, and said J. K., by 
reason of the premises, has incurred and become liable to 
pay a five of twenty dollars to the use of said State, and 



402 MAINE TOWNSMAN. 

costs of prosecution, or to be imprisoned thirty days in de- 
fault of payment. 

We therefore pray that due process may be issued to 
search said , where said liquors are believed to be de- 
posited, and if there found that the same may be seized and 
safely kept, until final action and decision be had hereon ; 
and that said J. K. may be summoned forthwith to appear 

before the said justice at , in said , on the day 

of , at — of the clock in noon, to make answer to 

this complaint, and to do and receive such sentence as may 
be awarded against him. C. D., \ 

E.F., } 
G. H. j 

Cumberland, ss. On the — day of — — aforesaid, at 

said , the said C. D., E. F. and G. H., made oath, that 

the above complaint by them signed is true. 

Before me, A. B., Justice of the Peace. 



INDEX. 



Abatement of town taxes* 93 

Abatement of parish taxes, 186 

Abatement of school taxes, 169 

Abatement for wide rimmed wheels, 141 

Accusation by a woman pregnant, 219 
Act of 1844, respecting collection of 

taxes. 107 

Acts of 1844— 1850, respecting drains, 154 

Adulteration of food or liquors, 259 
Affidavit of not ices posted of the sale 

of lands by sheriff, &c, 116 
Age for admitting scholars into 

schools, 167 

Agents, town, chosen by ballot 20 

Agents, school, 176 
Agents to be chosen by town or 

districts, 176 

Agents to he sworn, term of office, 176 
Agents, duties of, 176,177 
Aldermen of cities, their powers and 

duties, 57 
Animah liable to and exempt from 

taxation, 71 

Animals, where taxable, 71 
Annual meeting in towns; to be held 

in March or April, 19 
Apportionment of representatives to 

the state legislature, 47 

Appraisal of taxable property, 83 

Apprentices and minors, 204 

Aqueducts, 150 
Ardent spiuts, ill Q ?al sale of, [See 

Addendum, 401.] 260 

Arrest on election da\s. forbidden, 27 

Assessment of taxes erroneous, 77 

Assessment, when illegal, 91 

Assessments to be signed, 88 

Assessments supplementary, 92 
Assessments of town, county and state 

taxes, 87 

Assessments in plantations, 91 
Assessments in unincorporated places, 80 

Assessments in school districts, 168 

Assessments in parishes, 185 

Assessor of tov. ns, 85 

»ora of plantations, 91 

Assessors of parishes, 184 

Attorne\s, County, 56 

Auctioneers, 288 

Avoirdupois weight. 319 

Ballot, officers chosen by,when, 20 

Ballot boxes, 34 

'Balloting?, result of, 35 

Baskets for coal, 317 

Bastards, 219 

Beasts going at large, [see pounds] 270 

Beef, weighers of, 322 

Betting on ejections, 67 

Births, record of, 311 

Boards and plank, 315 

Bonfires prohibited, 244 

Books to be furnished scholars* 175 

Boundaries of towns> 12 



Bounty on bears and wolves, (§'c, 256 

Bonitrv on culture of silk, 295 

Buildings demolished to stop fires, 243 

Buryinu grounds, 286 

By-laws of towns, 10 

Cashiers of banks to make returns, 79 

Cattle, how and where taxed, 74 

Certificates, false, 67 

Charcoal, 317 

Check lists, 34 

Children in factories, 299 

Children must, attend school, 299 

Children, certificate, 299 

Children, ten hours labor, 300 

Cities deemed towns, 57 

Clapboards, survey of, 316 

Classed towns to choose representa- 
tives, 43 
Clerk of town3, choice and du- 
ties. 23, 61, 309 
Clerk to publish marriages, 311 
Clerk to record attachments* 309 
Clerk to record mortgages, 309 
Clerk to record proprietors' records, 309 
Clerk to record deeds of pewsj Sfc, 309 
Clerk to record sales of land for taxes, 104 
Clerk to record town meetings, 310 
Clerk, fees of 309 
Clerk to record certificate of publica- 
tion, 312 
Clerk to record births, deaths, and 

marriages, 311 

Clerk of p'antations, 59 

( 'on I. measurers of, 317 

Cocoons, bounty on, 295 

Collector or taxes, choice and duties, 94 
Col'ector under the act of 1844, 107 

Collector on executions and warrants, 1< 8 
Collector of school district taxes, 168 

Collector in plantations, 95 

Collector in parishes, 186 

Common fields, 284 

Commitment for taxes, 99, 108 

Constable may be collector of taxes, 94 
Constable to notify watch and ward, 246 
Constable to serve precepts, 396 

Constab'e to notify jurors, 304 

Constable's duty in affrays, 307 

Constable to commit to houses of cor- 
rection. <$'c. 307 
Constable's duty in coroner's inquests,308 
Contagious sickness, 232 
Corporations,stockholders not taxable, 75 
County attorneys, election ot, 56 
County commissioners, power relating 

to town ways, 123 

County treasurer, election of 55 

Culture ot silk, 295 

Damages bv ways located, 128 

Damages by defects of ways, 129 

Dead bodies, disinterment of, 258 

Deaths, record of* 311 



404 



INDEX. 



Depot of rail road company,how taxed, 71 

Disorder in town meetings, 

Distress for taxes, 

Disturbing houses of worship, 

Dogs taxed in Poitland and Eastport 

Dogs, mischievous, 

Domicil depends on residence, 

Drains, 

Elections, proceedings at, 

Election of governor, 

Election of senators, 

Election of state representatives, 

Election of state representatives in 
classed towns, 

Election of representatives to Con- 
gress, 

Election of county officers, 

Election in cities, 

Election in plantations, 

Elections, provisions relating to, 

Electors, presidential, 

Embezzlement at fires, 

Engine men, 

Engine companies, 

Estrays, 



Factories, children in, 

Fees of constable, 

Fees of collector, in distress for taxes ; 

Fees of pound keepers, 

Fees of fence viewers, 

Fees of jurors, 

Fees of town clerk. 

Fees of surveyors of lumber, 

Fees of measurers of wood, 

Fees of town sealers, 

Fences, 

Fence viewers, 

Ferries, ferrymen, 

Finder of lost goods, 

Fires, 

Fire wards, 

Fireworks prohibited, 

Fish, inspectors of, 

Fisheries, shell fish, 

Fisheries, lobsters, 

Fisheries, vessels when liable, 

Fishermen taking bait, 

Funds;, ministerial and school, 

Gaming, 

Gaming houses prohibited, 

Governor, election of, 

Guide posts, 

Gunpowder, 

Hawkers and pedlers, 
Health committee, officers, board of, 
Hides, weight of, 
Highways and bridges, 
Highways, taxes assessed thereon, 
Highways, repairs of, 
Highways, obstructions in, 
Highways, surveyors of. 
Highways, power of county commis- 
sioners, 
Hoops, cullers of, 
Hospitals, 

Hospitals for insane, 
Houses of correction, 
Houses of ill fame, 
Houses tor gaming, 

Idlers, 

Impounding beasts, 
Indentures of apprenticeship, 
Indentures to bind out adult pOor ( 
Indentures to bind minors, 
Infectious diseases, 
Innholders, 



99 
251 
74 
256 
194 
152 
33 
37 
37 
40 

43 

51 

54 

57 

59 

66 

63 

243 

239 

240 

270 

299 
308 
99 
277 
234 
305 
310 
316 
317 
319 
279 
279 
149 
285 
242 
040 

245 
315 
320 
320 
320 
391 1 
188 

255 

255 

37 

142 

253 

290 
235 
322 
127 
134 
127 
130 
132 

123 
315 

238 
223 
229 
200 
255 

229 

270 
204 
198 
204 
232 
250 



Inoculation, 



234,238 



Injuries by beasts, 27L 

Insane persons, - 223 

Insane hospital* 223 

Inspectors of leather, 314 

Inspectors of fish, 315 

Instructors, duties, &c. of, 177 

Intemperate poor, 200 

invoice, to be recorded, &c, ' 78 

Jugalers, 229 

Jurors, 3t)l 

Jury boxes, 302 

Jurors, proceedings in drawing, &c, 303 ' 

Kindred of paupers, 209 

Libel for forfeiture of gunpowder, 253 

Licenses to innholders, &c, 250 
Lien on land for taxes, 81, 104, 106, 112 

Lists of jurors, 301 

List of voters, alphebetical, 28 

Livery stables in maratime towns, 243 

Logs, surveyors of, 315 

Lord's day, 251 

Lost goods, 285 

Majority determined, 36 
Maintenance of bastards, # 2J9 
Married women, rights of, 295 
Marriages, , 311 
Masters of vessels from infected pla- 
ces, 233 
Mechanics, rights of, 297 
Minors and apprentices, 204 
Measures and weights, standard of, 3f8 
Meeting houses, 187 
Ministerial lands, 183 
Ministers of the gospel, to solemnize 
marriages, 



Moderator, 

Non-residents, distress on, 
Nuisances to be removed, 



312 

21,23 



103 
235 



Oaths, 23,78,164,273 

Overlay, 86 
Overseers of the poor, _ 198 
Overseers of the house of correction, 229 

Overseers of work houses, 229 

Paareantry in streets, 248 

Parishes, 183 

Partition fences, 279 

Paupers, settlement of, 190 

Paupers, removal ofi 211 

Pedlers, 290 

Perambulations, 12 , 

Pews recorded, 309 

Pilots, 236 

Plantations, in elections, 59 

Plantations, taxes in, 91 
Property exempt from attachment, 292 

Pounds and inpounding, 270 

Pound keepers, ■ 271 

Pound breach, « 276 

Private ways, 118 

Public shows, •" 254 

Publication of marriages, 311 

Qualifications of voters, 26 

Quarantine regulations, 236 

Rail roads, tax on, 71 

Kail roads, where taxed, 75 

Rail road crossings, 146 

Rail roads, fences on, 147 

Rail roads, injury by engines, 147 

Rail roads, gates erected, 146 
Real estate, where taxable, . 72 
Real estate, when taxes are not paid, 103 

Register of deeds election of, 54 



INDEX. 



405 



Replevin of beasts impounder), 276 

Road, law of, . 144 

Road commissioners , 140 

Returns of cashiers, 79 

Returns of votes, HI 

Returns of representati ves, 45,01 

Returns, failure to receive, 61 

Returns of school aerents, 17o 
Returns of superintending committee, 173 

Salt, treasurers of. • 207 

School lands and funds, Wo 

Schools, 158 

School agents, 1 i 6 

School instructors, 177 

School money, 168 
School districts, 153, 162 

Se iler of weights and measures, 318 
Selectmen, choice and oath, . _ 20,25 



Selectmen to employ counsel for 



118 
142 
152 

166 

229 
232 
2:36 
237 
238 
2^8 



towns. 
Selectmen to perambulate lines, 
Selectmen to lay out town and pri- 
vate ways, when, 
Selectmen to erect snide posts, 
Selectmen to superintend drains, 
Selectmen to locate school houses, 
Selectmen to appoint overseers of 

house of correction, m 
Selectmen to guard against infection. 
Selectmen to establish quarantine, 
Selectmen to furnish signals, 
Selectmen to license hospitals, 
Selectmen to license auctioneers, 
Selectmen to license for public shows, 254 
Selectmen to order watch and ward, 2-16 
Selectmen to prepare lists of jurors, 301 
Selectmen to draw jurors, 302 

Selectmen to approve constable's bond 307 
Selectmen to appoint inspectors of 

leather, 314 

Selectmen to appoint measurers, 317 

Selectmen io appoint town sealer, 318 
Selectmen to give permit for shell fish, 320 
Selectmen to appoint weighers of beel,322 
Selectmen pro tempore, _ , 33 

Settlement, modes of gainin?, 19 i 

Sewers, common, lp/2 

Sheep, when taxed, 74 

Shingles, No. 1, 315 



Shows, public, 254 

Sickness contagious, 232 

Siik, culture of, 295 

Staves, cullers of, . 316 

Steamboats, 146 

Steelyards, vibrating, 319 

Stove pipes to be kept in order, 244 

Stock iu corporation*, how taxed, 75 

Strav '.easts, 274 

Students, where taxed, 72 

Surveyors of lumber, 315 

Purveyors of highways, 132 

Taxes in towns, 79 
Taxe.-, assessors of, 85 
Taxes in plantations, 91 
Taxes in school districts, ]h8 
Taxes in parishes, 185 
Towns, powers and duties of, 9 
Towns, duty relating to the poor, 195 
Towns, duty relating to schools, 158 
Towns to repair ways, 127 
Towns to provide ferrymen, 149 
Towns to erect work houses, 230 
Towns to build pounds, 270 
Towns to direct watch and ward, 246 
Towns t<i build houses of correction, 229 
Towns to approve lists of jurors, 301 
Town boundaries, 12 
'1 own clerk, choice of, 20 
Town treasurer, choice of, 20 
Town to sue for money by betting, 68 
Town to record and advertise for un- 
paid taxes, 103 
Town to issue warrants against col- 
lectors, 109 
Town to direct wanants to coroner, 111 
Town to pay bounty on silk, 295 
Turnpikes, 148 
Toll for grinding grain, 317 

Vagabonds. 229 

Valuation, when taken, 77 

Vagrant*, 230 

Voters, qualifications of, 26 

Warden in cities, 57 

\V a t h and ward, 246 

Women, married, rights of, 295 



INDEX OF FORMS. 



Account of sales and charges of distress, sold at auction, by collector of taxes, 100 

Acknowledgement, (aeneral.) ...... 382 

Advertisement of lands to be sold for taxes, ..... 394 

Agreement, general form, ......... ifra 

Agreement of copartnership, .....,.« 370 

Agreement on sale of corn, . . . . . . . . . 374 

Agreement to convey land, ........ 374 

Agreement to build a bouse, . . . . ... . . 374 

Agreement, specifications on, to bni)d, ...... 375 

Agreement to compound debts, ........ 393 

Agreement not to sue, ......... 394 

Appraisal of lost eoods, , ...... 280 

Apprenticeship, articles of, ........ 390 

Assignment ofdower, .......... 377 

Assignment of a judgment, mortsage, or l^aso, ..... 370 

Assignment of a man's estate in trust for bis creditors, .... 377 

Assignment of a debt or bond, ,...._... 370 

Award on Arbitration, ......... 367 

Bastardy, accusation of, ....... 219 

Bastard, warrant on accusation of, ........ 220 

Bastard bond, . , 220 

Bastard, mittimus for not givingsureties on charge of, ..... 2-21 

Bill of sale of good*, ......... 38 

Bond, general form of, ......... 379 

Bond of collector of taxes, ........ 95 

Bond of town treasurer, when collector, . . . . . . .114 

Bond of constable, 3 '6 

Bond to maintain a person, ......... 380 

Bond of indemnity for signing a probate bond, ..... 380 

Bond ot treasurer ot a company, . r 380 

Bond arbitration, .......... :*b7 

Bond, release of debt on mislaid or lost, ....... 379 

Bond to tlie town to support bastard, ....... 3bl 

Bond to woman to support bastard, ... . . . . . . 381 

Certificate of the election of representative to the legislature, . . 41,45 

Certificate of the assessment of a state, county, or town tax, to the treasurer, 87 
Certificate upon the copy of a warrant to the prison keeper, on commitment for 

non-payment of taxes, ........ ]0l 

Certificate of collector of taxes, to the treasurer of unpaid taxes, . . 103 
Certificate of the qualifications of a school master, . . . . .1/3 

Certificate ot selectmen, of the appointment of enginemen, . . . 940 

Certificate of oalh to the owner or keeper of a mischievous doa, . . . 257 

Certificate of impounder, describing a beast impounded, .... 272 

Certificate of publishment by town clerk, ...... 312 

Certificate of marriage, . . . . . . . . 313 

Certificate of the weight ol beef cattle, ....... 322 

Complaint against a person for keeping house of ill fame, • • • 200 
Complaint against an intemperate poor person, to be sent to the house of correction, 201 

Complaint against master lor ill treatment of an apprentice, . . . 200 

Complaint of overseers of the poor, lor the removal of a pauper, . . 210 

Complaint of overseers of the poor, for the removal of a pauper beyond t he state, 217 

Complaint against a person coming from an infected place, . . . 234 

Complaint against master of a vessel coming from an infected place, . . 937 

Complaint for making a bonfire, ........ 244 

Complaint lor selling spirituous liquors, ...... 202 

Complaint for keeping spirituous liquors with intent to sell, . . . 401 

Complaint for disturbing public worship, . . . . . . 251 

Complaint for keeping a gaming house, . , . . . . . 255 

Tomplaint for injuring a guide board, ....... 143 

Complaint of master against pauper apprentice, ..... 208 

Coroner's inquests, forms for, ... . . 397 

Deed of warranty, ....... . 384 

Deed of mortgaae, . , . . 381 



INDEX OF FORMS. 



407 



Deed of quitclaim, ..,..-.... 384 

Deed by attorney, .......... 3«5 

Deed of ignition, .......... :-8G 

Deed of Kift of land, . 387 

Deed by collector, of land sold for taxes, ....... 395 

Deed of mortgage of personal property, ...... 383 

Declaration of trust, ......... 378 

Decree of sale of beast impounded, ....... 27fi 

Deponent, summons to . . . . ■ . • . . • y64 

Depositions, in perpetuam, statement relating to, » * 365 

Depositions, notice to parties of the taking of, ..... 365 

Depositions, caption of* ........ 364 

Depositions, citation to adverse party, of taking, ...... 36a 

Depositions, certificate annexed to, ........ 365 

Endorsement of approval on constable's bond, ..... 307 

Guarantee for goods sold to a third person, . , 369 

Highways, assignment of limits of surveyor of, ..... ]33 

Highways, appointment of surveyor of, to fill vacancy, .... J33 

Highways, lists committed to surveyors of, ...... 134 

Indenture, to hind pauper minor, ....... 205 

Intoxicating liquors, various forms relating to, . ..... 260 

Addendum, ........ . . 401 

Lease, - . S87 

Lease, brief, . .. . . . . . , 3b9 

Libel when beasts are impounded, .... , . 275 

License by selectmen for public exhibition, . -. . . . 254 

Letter of attorney, ... . . . • . . . . 368 

Letter of attorney, revocation of, >...... 3b9 

Marriage, form of, .......... 313 

Marriage settlement, ......... 391 

Mittimus tor committment to the house of correction, .... 230 

Notice for a meeting of selectmen to examine lists of voters for representatives 
in classed towns, . . . , . . . . . 

Notice by assessors, to brimr in polls and estates to be taxed, 

Notice by town treasurer, of abatement of taxes for prompt pay, 

Notice by collector of taxes, of sale at auction, of distress for taxes, 

Notice by selectmen, of intention to lay out a town way, . . , 

Notice to call a district school meeting. ...... 

Notice of the posting up of a warrant for parish meeting, 

Notice to overseers, for removal of a pauper, ..... 

Notice by selectmen, to repair a stove pipe, ...... 

Notice by lence viewers, to rebuild a fencp, ..... 

Notice for meeting of the proprietors of a library, . * . . 

Notice by constable, for a meeting for draft of jurors, 

.Notice by constable, to persons drawn as juiois, . 

Notice from landlord to tenant to quit, . ..... 

Notice of town way, laid out, ......... 

Notice by appraisers of damages by impounded bea»t=. 

Oath by town moderator, . . j 

Oath by town clerk, ......... 

Oath by other town officers, . ..... 

Oath of persons presenting lists of polls and estates, .... 

Oath of assessots, ......... 

Oath of clerk of school district, ....... 

Oath of pound keeper, ......... 

Oath of appraisers of damages by impounding bpasis, 

Oath of assignor of property for benefit of creditors, .... 

Oath, coroner's jury of inquest, ....... 

Oath, witnesses at coronet's inquest, ...... 



Partition fence, assignment of, . 

Partition, appraisal of value of, 

Partition, apportionment of by fence viewers. 

Partnership, articles of, . 

Partnership, agreement to continue, 

Parinership, dissolution of, • 

Partnership, notice on dissolution of, . , 

Partnership, notice of dissolution of, where one partner I 

Partnership, limited, in Maine, . . . . 

Pauper, denial of settlement of, 

Pauper, record of removal of, . 

Pauper, indenture of, to service, 



44 

93 

100 
]J9 
J 63 
184 
216 
244 
280 
291) 
303 
304 
389 
119 
273 

23 

2:* 
25 
78 
78 
164 
27 f 
273 
378 
398 
393 

281 
263 
282 
370 
371 
371 
372 
372 
373 
916 
214 
199 



408 



INDEX OF FORM* 



Perambulation, notice to selectmen for. . 

Perambulation, return of, •••-..._ 

Petition for appointment of commissioners to determine town lines, 

J etition to a justice, when selectmen refuse to insert an article in the 

Petition to county Commissioners, when the town refuses to lay out a 

Petition to selectmen to call a district school meeting, 

Petition to a justice, to call a meeting or proprietors of an aqueduct, 

Petition of ajustice to call a parish meeting, . 

Petition to a justice, to call a meeting of the proprietors of a library, 

Pound keeper, advertisement of beasts impounded by, 

Pound keeper, warrant by, for appraisal of damages, 

Proxy, to vote for directors, ••.... 

Record of town clerk, of town meeting^ . 

Release, (general) of all demands, , 

Release, (brief) • 

Return of constable's warrant to call town meeting:, 

Return of votes of representative for congress, » 

Return of votes for governor, ..-.., 

Return of votes for electors, . . • . 

Return by appraisers of damages by beasts, 

Return of a notice to call a parish meeting, ; 

Return of constable, of a venire, with his doings, » 

Selectmen, annual return of, . ... 

Submission, before a justice of the peace* 

Submission, acknowledgement of, ..... 

Submission, demand annexed to, . . ... 

Submission, notice oti by chairman of referees, 

Summons, hy treasurer, of delinquents taxed, 

Summons by justice of peace, on complaint of overseers of poor, 

Summons to deponent, . . , . . 

Surveyor of highways, appointment of, to fill racancy, , 

Verdict, by coioner's jury, 4 

Voters, alphabetical list of, ...... 

Warrant to call a town meeting to act upon an article which the 

fused to insert, . . 

Warrant to call the annual meeting, . . , , 

Warrant 10 call a meeting tor the choice of state officers, 
Warrant to seize liquors, .,.»,, 

Warrant to the collector of taxes, by the assessors, 
Warrant by treasurer, against the collector, 
Warrant to surveyor, to expend highway taxes, * 

Warrant to incorporate proprietors of an aqueduct, 
Warrant to call a parish meeting, . 

Warrant to remove a pauper, ...:., 
Warrant to direct watches to be keptin a town, 
Warrant to notify officers to take the oath, 
Warrant of select men of classed towns, 

Warrant to appraise lost goods, ..... 

Warrant to call a meeting of proprietors of a library, 
Warrant by coroner to summon jury of inquest, 
Warranton bastaidy complaint, ..... 



r warran 
town way, 



lectmen re 



13 

J3 
J 4 
]7 
124 
J 62 
150 
183 
28.9 
274 
292 
391 

310 

392 

393 

J8 

53 

62 

63 

273 

184 

3U4 

396 
366 

366 
367 
3o7 
115 
212 
363 
133 

399 
30 



17 

19 

31 

260 

88 

109 

134 

151 

184 

214 

246 

24 

45 

285 

2S9 

397 

220 



